Hjertstedt v. Royal Caribbean Cruises Ltd.

Filing 1

COMPLAINT against Royal Caribbean Cruises Ltd.. Filing fee $ 350.00 receipt number 113C-4048022, filed by Marlene Hjertstedt. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Hoffman, Paul)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.:
IN ADMIRALTY
MARLENE HJERTSTEDT
Plaintiff
vs.
ROYAL CARIBBEAN CRUISES, LTD.,
Defendant.
____________________________________/
COMPLAINT
COMES NOW, the Plaintiff, MARLENE HJERTSTEDT, by and through undersigned
counsel, and sues the Defendant, ROYAL CARIBBEAN CRUISES, LTD., and further states as
follows:
GENERAL ALLEGATIONS
1.

This is a cause of action which is brought in the District Court for the Southern
District, Florida pursuant to 28 U.S.C. 1333 and the forum selection clause of
Plaintiff=s passenger cruise ticket with Defendant. There is no diversity of
citizenship. Plaintiff is a resident and citizen of the state of Florida. This is a
maritime cause of action.

2.

Plaintiff has complied with all conditions precedent to bringing this action.

3.

Defendant ROYAL CARIBBEAN CRUISES, LTD., is, upon information and
belief, a foreign corporation, which is licensed to do business in Florida as a
cruise line. Defendant=s base of operations is in Miami, Dade County, Florida.
COUNT ONE-NEGLIGENCE
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4.

Plaintiff reavers and realleges paragraphs One through Three as if set forth herein.

5.

On or about December 1, 2010, Plaintiff was an adult fare paying passenger on
Defendant=s vessel ALLURE OF THE SEAS. Defendant owned and/or operated
the ALLURE OF THE SEAS on the aforesaid date.

6.

At all times material Defendant owed Plaintiff a duty of reasonable care in the
circumstances aboard its vessel.

7.

Notwithstanding Defendant=s duty as aforesaid, Defendant breached its duty by
unreasonably:
a.

Failing to properly maintain a set of passenger steps, and/or;

b.

Failing to warn of an overly waxed or overly and dangerously slippery set
of passenger steps, and/or;

c.

Failing to properly and safely supervise cleaners, and/or;

d.

Failing to properly select an appropriate material for a set of wooden
steps, and/or;

e.

Failing to have a non-slip or non-skid surface on a set of highly polished
wooden steps.

8.

As a result of the foregoing, the Plaintiff was injured when she slipped on a
highly-polished wooden step leading to a landing near the Cupcake Café and fell.

9.

At all times material, the Defendant either created the dangerous conditions of
which Plaintiff complains and/or the dangerous conditions existed for a sufficient
period of time that Defendant had constructive knowledge of the dangerous
conditions and/or Defendant had actual knowledge of the dangerous conditions
hereinbefore alleged in paragraph seven to have caused or contributed to causing

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Plaintiff=s injury.
10.

At all times material, Plaintiff acted with due care for her own safety.

11.

At all times material hereto, Defendant ROYAL CARIBBEAN CRUISES, LTD.,
was in direct control of the vessel where Plaintiff was injured.

12.

As a result of the negligence of the Defendant as aforesaid, the Plaintiff was
injured in and about her body and extremities and suffered pain, mental and
emotional distress and anguish therefrom; incurred medical expense in the past
and to be incurred in the future, disfigurement and physical handicap, scarring
and disfigurement and a loss of the ability to enjoy life; suffered a loss of
enjoyment of the cruise, suffered an aggravation of previously known or unknown
physical conditions and loss of earnings and/or earning capacity. Said personal
injuries are permanent and/or continuing in nature and the Plaintiff shall continue
to suffer such losses and impairments in the future.

WHEREFORE, Plaintiff demands judgment from Defendant for damages, pre-judgment
interest and costs.
DATED this 6th Day of September, 2011.
HOFFMAN LAW FIRM
PAUL M. HOFFMAN, P.A.
2888 East Oakland Park Boulevard
Fort Lauderdale, FL 33306
Telephone: [phone]
Telefax:
954-563-8171
By:

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//s// Paul M. Hoffman, Esq.
PAUL M. HOFFMAN
Florida Bar No: 0279897