Gahlot v. Royal Caribbean Cruises, Ltd. et al

Filing 1

COMPLAINT for Damages and Demand for Jury Trial against Royal Caribbean Cruise Lines Ltd. Filing fee $ 350.00 receipt number 113C-4168864, filed by Naveen Gahlot. (Attachments: # 1 Civil Cover Sheet, # 2 Summons(es), # 3 Summons(es))(Holzberg, Glenn) Modified text to properly describe attachments on 10/21/2011 (bb).

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.:
NAVEEN GAHLOT
Plaintiff,
vs.
ROYAL CARIBBEAN CRUISES, LTD.,
and IMAGE PHOTO SERVICES, INC.,
d/b/a IMAGE CORP.
Defendant.
_____________________________________/
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
Plaintiff, NAVEEN GAHLOT, by and through undersigned counsel, files this
complaint and states as follows:
GENERAL AND JURISDICTIONAL ALLEGATIONS
1.

This is an action for damages where the amount in controversy exceeds

the minimum jurisdictional requirements of this Court, exclusive of interest and costs.
2.

That at all times material hereto, the Defendant, ROYAL CARIBBEAN

CRUISE LINE, LTD, (Hereafter “RCCL”) personally or through an agent:
A.

Operated, conducted, engaged and/or carried on a business

venture in the State of Florida, and in particular Dade County, Florida;
B.

Was engaged in substantial business activity in the State of Florida,

and in particular, in Miami-Dade County, Florida;
C.

Operated vessels and provided vessels for cruises in the waters of

D.

Committed one or more acts as set forth in F.S. §48,08(1), 48.181

this state;

and 48.193, which submit the defendant to the jurisdiction and venue of this Court.
Further, the defendant is subject to the jurisdiction of this Honorable Court due to the
foregoing and 28 U.S.C. §1333;
E.

The acts of defendant set out in the Complaint occurred in whole or

in part in Miami-Dade County and/or the State of Florida;
Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

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3.

The defendant is subject to the jurisdiction of the courts of this state.

4.

The causes of action asserted herein are authorized under the Jones Act,

46 U.S.C. §688 et. seq. and the General Maritime Law of the United States.
5.

At all times material hereto, defendant, RCCL, employed NAVEEN

GAHLOT, hereinafter referred to as the Plaintiff, as a seaman to serve as a member of
the crew of the vessel, “Enchantment of the Seas”.
6.

At all times material hereto, defendant, RCCL, owned, operated,

managed, maintained and/or controlled the vessel “Enchantment OTS”.
7.

At all times material hereto, Plaintiff’s employer was an agent of the

shipowner.
8.

That at all times material hereto, the Defendant, IMAGE PHOTO

SERVICES d/b/a IMAGE CORP., hereafter referred to as “IMAGE”, personally or
through an agent:
A.

Operated, conducted, engaged and/or carried on a business

venture in the State of Florida, and in particular Dade County, Florida;
B.

Was engaged in substantial business activity in the State of Florida,

and in particular, in Miami-Dade County, Florida;
C.

Operated photo services and a photo gallery on the Royal

Caribbean Cruise Lines vessel, which provided passenger cruises in the waters of this
state;
D.

Committed one or more acts as set forth in F.S. §48.08(1), 48.181

and 48.193, which submit the defendant to the jurisdiction and venue of this Court.
Further, the defendant is subject to the jurisdiction of this Honorable Court due to the
foregoing and 28 U.S.C. §1333;
E.

The acts of defendant set out in the Complaint occurred in whole or

in part in Miami-Dade County and/or the State of Florida;
9.

The defendant, IMAGE, is subject to the jurisdiction of the courts of this

state, pursuant to F.S. §48.193, as follows: submitting themselves to the jurisdiction by
“(1)(a) Operating, conducting, engaging in, or carrying on a business or business
venture in this state or having an office or agency in this state;” and “(2) A defendant
who is engaged in substantial and not isolated activity within this state, whether such
Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

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activity is wholly interstate, intrastate, or otherwise, is subject to the jurisdiction of the
courts of this state, whether or not the claim arises from that activity.”
10.

The causes of action asserted herein are authorized under the Jones Act,

46 U.S.C. §688 et. seq. and the General Maritime Law of the United States.
FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
11.

At all times material hereto, defendant IMAGE, employed the plaintiff,

NAVEEN GAHLOT, a citizen of India, as a ship’s photographer to serve as a member
of the crew of Defendant, RCCL’s vessel, Royal Caribbean “Enchantment of the Seas”.
12.

At all times material hereto, defendant, IMAGE, employed the Plaintiff, Mr.

Gahlot, as an employee, serving as a photo concessionaire on the subject vessel
“Enchantment of the Seas” and operated, managed, and maintained the photo gallery
on the subject vessel, and upon information and belief, on all other Royal Caribbean
Ships, Worldwide.
13.

Mr. Gahlot’s duties included serving as the ship’s photographer, taking

photographs of passengers and passenger-related events on the ship, setting up that
part of the ship’s Centrum (central multi-level gallery) to take portrait-type photographs
of passengers for IMAGE and RCCL’s passengers.
14.

On or about October 22, 2008, while NAVEEN GAHLOT was within the

course and scope of his employment, while retrieving necessary equipment from the
store room (storage closet) in the photo gallery, a large metal extension pole fell as
soon as Mr. Gahlot opened the door and struck Mr. Gahlot’s foot, causing severe injury
and requiring surgery.
15.

Since the surgery, Mr. Gahlot has suffered pain and swelling in the foot,

depression, severe pain to his low back, and upon further x-ray imaging, it has been
found that there has been a mal-union in the bones.
16.

At all times material, the extension pole was not a regular part of the

equipment of the photo gallery and photo department and was not otherwise stored in
the storage closet regularly.
17.

Due to the severity of the fracture of the right great toe, surgery was

performed on October 27, 2008 at the Cleveland Clinic, where two k-wires were used to
manipulate the toe in an open reduction of the displaced fracture. The wires were left in
Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

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place along with intra-cortical pins and he was advised to be non-weight-bearing for the
right foot and to have six weeks of bed-rest following the surgery.
18.

After a determination that he was unfit for duty, IMAGE and RCCL placed

him in a substandard hotel with no room service and no assistance at all, necessitating
Mr. Gahlot – who was ordered by his surgeon to be non-weight bearing to this
right foot – to limp to vending machines for whatever sustenance he could obtain by
himself for many days following the surgery, exacerbating his pain and delaying healing,
and jeopardizing his recovery.

COUNT I
JONES ACT NEGLIGENCE AS TO ROYAL CARIBBEAN CRUISE LINE, INC.
Plaintiff adopts and realleges paragraphs 1 through 18 and further alleges:
19.

At all times material hereto, NAVEEN GAHLOT was employed by

defendant IMAGE, to serve as a seaman within the definition of the Jones Act (46
U.S.C. §688 et. seq.) and was a member of the crew of RCCL’s vessel, the
Enchantment of the Seas.
20.

During all times material hereto the defendant’s vessel was in navigable

waters.
21.

Pursuant to its employment of NAVEEN GAHLOT, the defendant owed

him a duty to supply him with a safe place to work and to supply him with reasonable
aides, equipment, workplace, materials, supervision and training such that he could
perform his job and tasks in a reasonably safe manner.
22.

On or about the above dates, NAVEEN GAHLOT was injured due to the

fault and negligence of defendant and/or its agents, servants, and/or employees as
follows:
A.

Failed to supply plaintiff with the tools and materials and equipment

reasonably necessary to perform his job in a reasonably safe manner;
B.

Failed to use reasonable care to provide the plaintiff with a safe

place to work;

Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

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C.

Failed to promulgate rules and to enforce reasonable rules and

regulations to insure the safety and health of defendant’s employees and specifically the
plaintiff, while engaged in the course and scope of his employment on the ship;
23.

Further, defendant required the plaintiff, NAVEEN GAHLOT, and other

crew members to work under such conditions that plaintiff was unaware of the risks to
his well being where the storage closet, unknown to Mr. Gahlot, was being used for
purposes unrelated to those operations related to the photo gallery.
24.

Defendant, RCCL, knew or reasonably should have known of the

foregoing conditions causing plaintiff’s injuries and did not correct them, or the
conditions existed for a sufficient length of time so that defendant in the exercise of
reasonable care should have learned of them and corrected them, and took no actions
to either warn the plaintiff of these dangerous and unforeseen conditions or to inspect
the storage closet and to otherwise take steps necessary to prevent this incident from
occurring.
25.

As a result of the foregoing failures and breaches, the plaintiff, was injured

on or about October 22, 2008.
26.

The injuries and losses suffered by the plaintiff, NAVEEN GAHLOT, were

foreseeable upon the failure and breaches of the defendant, RCCL, and, in fact, knew
or reasonably should have known of the misuse of the storage closet and the
dangerous latent condition lurking therein.
27.

As a direct and proximate result of the unseaworthy conditions created by

the defendant RCCL, plaintiff, NAVEEN GAHLOT, was injured in and about his body
extremities thereby resulting in pain and suffering, disability, mental anguish, loss of
capacity of enjoyment of life, loss of earnings, loss of ability to earn money and medical
expenses. These injuries are either permanent or continuing in nature and plaintiff will
suffer these losses in the future.
WHEREFORE, plaintiff prays this Honorable Court enter a judgment against
defendant,

RCCL, for compensatory damages in excess of Seventy-Five Thousand

Dollars ($75,000.00) and award any and all other relief this Court deems appropriate.
Further, plaintiff demands trial by jury of all issues so triable as a matter of right.

Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

Gahlot, Naveen vs. Image Corp
Complaint
Page 6

COUNT II
JONES ACT NEGLIGENCE AS TO IMAGE PHOTO SERVICES
Plaintiff adopts and realleges paragraphs 1 through 18 and further alleges:
28.

At all times material hereto, NAVEEN GAHLOT was employed by

defendant IMAGE, to serve as a photographer as a seaman within the definition of the
Jones Act (46 U.S.C. §688 et. seq.) and was a member of the crew of RCCL’s vessel,
the Enchantment of the Seas.
29.

During all times material hereto the defendant’s vessel was in navigable

waters.
30.

Pursuant to its employment of NAVEEN GAHLOT, the defendant, IMAGE,

owed him a duty to supply him with a safe place to work and to supply him with
reasonable aides, equipment, workplace, materials, supervision and training such that
he could perform his job and tasks in a reasonably safe manner.
31.

On or about the above dates, NAVEEN GAHLOT was injured due to the

fault and negligence of defendant, IMAGE, and/or its agents, servants, and/or
employees as follows:
A.

Failed to supply plaintiff with the tools and materials and equipment

reasonably necessary to perform his job in a reasonably safe manner;
B.

Failed to use reasonable care to provide the plaintiff with a safe

place to work;
C.

Failed to promulgate rules and to enforce reasonable rules and

regulations to insure the safety and health of defendant’s employees and specifically the
plaintiff, while engaged in the course and scope of his employment on the ship;
32.

Further, defendant, IMAGE, required the plaintiff, NAVEEN GAHLOT, and

other crew members to work under such conditions that plaintiff was unaware of the
risks to his well being where the storage closet, unknown to Mr. Gahlot, was being used
for purposes unrelated to those operations related to the photo gallery.
33.

Defendant, IMAGE, knew or reasonably should have known of the

foregoing conditions causing plaintiff’s injuries and did not correct them, or the
conditions existed for a sufficient length of time so that defendant in the exercise of
reasonable care should have learned of them and corrected them, and took no actions
Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

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Page 7

to either warn the plaintiff of these dangerous and unforeseen conditions or to inspect
the storage closet and to otherwise take steps necessary to prevent this incident from
occurring.
34.

As a result of the foregoing failures and breaches, the plaintiff, was injured

on or about October 22, 2008.
35.

The injuries and losses suffered by the plaintiff, NAVEEN GAHLOT, were

foreseeable upon the failure and breaches of the defendant, IMAGE, and, in fact, knew
or reasonably should have known of the misuse of the storage closet and the
dangerous latent condition lurking therein.
36.

As a direct and proximate result of the unseaworthy conditions created by

the defendant IMAGE, plaintiff, NAVEEN GAHLOT, was injured in and about his body
extremities thereby resulting in pain and suffering, disability, mental anguish, loss of
capacity of enjoyment of life, loss of earnings, loss of ability to earn money and medical
expenses. These injuries are either permanent or continuing in nature and plaintiff will
suffer these losses in the future.
WHEREFORE, plaintiff prays this Honorable Court enter a judgment against
defendant,

IMAGE, for compensatory damages in excess of Seventy-Five Thousand

Dollars ($75,000.00) and award any and all other relief this Court deems appropriate.
Further, plaintiff demands trial by jury of all issues so triable as a matter of right.

COUNT III
UNSEAWORTHINESS AS TO ROYAL CARIBBEAN CRUISE LINE, INC.
Plaintiff adopts and realleges paragraphs 1 through 18 and further alleges:
37.

At all times material NAVEEN GAHLOT was a seaman and a member of

the crew of the defendant, RCCL’s vessel which was in navigable waters.
38.

At all times material the vessel on which the plaintiff was injured, was

owned, operated, managed, or controlled by the defendant, RCCL.
39.

At all times material hereto the defendant, RCCL, has the absolute and

non-delegable duty to provide NAVEEN GAHLOT with a safe place to work, a safe
vessel and a competent crew, and that the allegations hereinafter set forth rendered the

Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

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vessel unseaworthy and that said unseaworthy condition was the proximate cause of
plaintiff’s injuries.
40.

The defendant’s failure to provide a seaworthy vessel to the plaintiff is

predicated on the defendant’s failure to:
A.

Inspect and correct deficiencies in the manner and method by

which the defendant required plaintiff to perform his tasks and assigned duties;
B.

Warn in any fashion whatsoever the plaintiff of the unsafe

conditions of storage closet, misproperly used, which the defendant, RCCL, required
the plaintiff to work with on board the vessel;
C.

Adequately train, instruct and supervise the vessel and its crew to

such degree that the crew would be properly trained for the tasks assigned;
D.

Provide a vessel that was not unsafe and unfit due to the conditions

created by defendant’s conduct;
E.

Provide a vessel and a sufficient crew that was reasonably fit for its

intended purpose;
41.

That the foregoing failures resulted in the unseaworthiness of the vessel,

as such, forced the plaintiff to work in an unsafe environment, without the benefit of the
aide, materials, equipment necessary to perform his tasks in a reasonable and safe
manner, and required plaintiff to perform tasks which defendant knew or should have
known would result in injury to him.
42.

As a direct and proximate result of the unseaworthy conditions created by

the defendant RCCL, plaintiff, NAVEEN GAHLOT, was injured in and about his body
extremities thereby resulting in pain and suffering, disability, mental anguish, loss of
capacity of enjoyment of life, loss of earnings, loss of ability to earn money and medical
expenses. These injuries are either permanent or continuing in nature and plaintiff will
suffer these losses in the future.
WHEREFORE, plaintiff prays this Honorable Court enter a judgment against
defendant,

RCCL, for compensatory damages in excess of Seventy-Five Thousand

Dollars ($75,000.00) and award any and all other relief this Court deems appropriate.
Further, plaintiff demands trial by jury of all issues so triable as a matter of right.

Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

Gahlot, Naveen vs. Image Corp
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Page 9

COUNT IV
UNSEAWORTHINESS AS TO IMAGE PHOTO SERVICES
Plaintiff adopts and realleges paragraphs 1 through 18 and further alleges:
43.

At all times material NAVEEN GAHLOT was a seaman and a member of

the photography staff of the defendant, IMAGE, which maintained photo services
onboard defendant, RCCL’s vessel which was in navigable waters.
44.

At all times material the photography services on which the plaintiff was

injured, was operated, managed, and maintained by the defendant, IMAGE.
45.

At all times material hereto the defendant, IMAGE, has the absolute and

non-delegable duty to provide NAVEEN GAHLOT with a safe place to work, a safe
vessel and a competent crew, and that the allegations hereinafter set forth rendered the
vessel unseaworthy and that said unseaworthy condition was the proximate cause of
plaintiff’s injuries.
46.

The defendant’s failure to provide a seaworthy vessel to the plaintiff is

predicated on the defendant’s failure to:
A.

Inspect and correct deficiencies in the manner and method by

which the defendant required plaintiff to perform his tasks and assigned duties;
B.

Warn in any fashion whatsoever the plaintiff of the unsafe

conditions of storage closet, improperly used, which the defendant, IMAGE, required
the plaintiff to work with on board the vessel;
C.

Adequately train, instruct and supervise the vessel and its crew to

such degree that the crew would be properly trained for the tasks assigned;
D.

Provide a vessel that was not unsafe and unfit due to the conditions

created by defendant’s conduct;
E.

Provide a vessel and a sufficient crew that was reasonably fit for its

intended purpose;
47.

That the foregoing failures resulted in the unseaworthiness of the vessel,

as such, forced the plaintiff to work in an unsafe environment, without the benefit of the
aide, materials, equipment necessary to perform his tasks in a reasonable and safe
manner, and required plaintiff to perform tasks which defendant knew or should have
known would result in injury to him.
Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

Gahlot, Naveen vs. Image Corp
Complaint
Page 10

48.

As a direct and proximate result of the unseaworthy conditions created by

the defendant IMAGE, plaintiff, NAVEEN GAHLOT, was injured in and about his body
extremities thereby resulting in pain and suffering, disability, mental anguish, loss of
capacity of enjoyment of life, loss of earnings, loss of ability to earn money and medical
expenses. These injuries are either permanent or continuing in nature and plaintiff will
suffer these losses in the future.
WHEREFORE, plaintiff prays this Honorable Court enter a judgment against
defendant,

IMAGE, for compensatory damages in excess of Seventy-Five Thousand

Dollars ($75,000.00) and award any and all other relief this Court deems appropriate.
Further, plaintiff demands trial by jury of all issues so triable as a matter of right.

COUNT V
FAILURE TO PROVIDE ENTIRE MAINTENANCE AND CURE AS TO ROYAL
CARIBBEAN CRUISE LINE, INC.
Plaintiff adopts and realleges paragraphs 1 through 18 and further alleges:
49.

On or about October 22, 2008, NAVEEN GAHLOT was injured while

serving as a crew member on the defendant, RCCL’s vessel.
50.

Pursuant to General Maritime Law as recognized by the courts of this

state and the United States, NAVEEN GAHLOT is entitled to recover maintenance and
cure from defendant, RCCL, until he has reached a point of maximum medical cure.
Such maintenance and cure includes, unearned wages (regular wages, overtime,
vacation pay and tips), which are reasonably anticipated to the end of the contract or
voyage whichever is longer, lodging, expense (food and shelter), and the costs of
medical care.
51.

Defendant, RCCL, purposely refused to arrange for and pay such

necessary maintenance and cure despite its knowledge that the same is required by law
and necessary for the support and treatment of the plaintiff. Plaintiff has employed the
undersigned counsel in order to make this claim to obtain what is duly owed by the
defendant, RCCL.
52.

Defendant, RCCL’s failure to pay plaintiff’s entire maintenance and cure is

a callous and willful act in violation of the law and without any reasonable basis, and is

Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

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therefore, an arbitrary and capricious act with a complete and total disregard of
plaintiff’s well established rights as a seaman.
53.

As a direct result of the foregoing acts plaintiff has incurred maintenance

and medical expenses and has become obligated to pay the undersigned a reasonable
attorney’s fee.
WHEREFORE, plaintiff prays this Honorable Court enter judgment against
defendant,

RCCL, for all compensatory damages recognized under law, including

attorney’s fees, prejudgment interest and court costs. Further, plaintiff demands trial by
jury of all issues so triable as a matter of right.

COUNT VI
FAILURE TO PROVIDE ENTIRE MAINTENANCE AND CURE AS TO IMAGE PHOTO
SERVICES
Plaintiff adopts and realleges paragraphs 1 through 18 and further alleges:
54.

On or about October 22, 2008, NAVEEN GAHLOT was injured while

serving as a photographer employed by Defendant, IMAGE, onboard the RCCL
Enchantment of the Seas.
55.

Pursuant to General Maritime Law as recognized by the courts of this

state and the United States, NAVEEN GAHLOT is entitled to recover maintenance and
cure from defendant, IMAGE, until he has reached a point of maximum medical cure.
Such maintenance and cure includes, unearned wages (regular wages, overtime,
vacation pay and tips), which are reasonably anticipated to the end of the contract or
voyage whichever is longer, lodging, expense (food and shelter), and the costs of
medical care.
56.

Defendant, IMAGE, purposely refused to arrange for and pay such

necessary maintenance and cure despite its knowledge that the same is required by law
and necessary for the support and treatment of the plaintiff. Plaintiff has employed the
undersigned counsel in order to make this claim to obtain what is duly owed by the
defendant.
57.

Defendant, IMAGE’s failure to pay plaintiff’s entire maintenance and cure

is a callous and willful act in violation of the law and without any reasonable basis, and

Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

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Page 12

is therefore, an arbitrary and capricious act with a complete and total disregard of
plaintiff’s well established rights as a seaman.
58.

As a direct result of the foregoing acts plaintiff has incurred maintenance

and medical expenses and has become obligated to pay the undersigned a reasonable
attorney’s fee.
WHEREFORE, plaintiff prays this Honorable Court enter judgment against
defendant,

IMAGE, for all compensatory damages recognized under law, including

attorney’s fees, prejudgment interest and court costs. Further, plaintiff demands trial by
jury of all issues so triable as a matter of right.

COUNT VII
FAILURE TO TREAT AND PROVIDE ADEQUATE MEDICAL CURE AS TO ROYAL
CARIBBEAN CRUISE LINE
Plaintiff adopts and realleges paragraphs 1 through 18 and further alleges:
59.

Defendant, RCCL, is aware that the plaintiff was injured while within the

course and scope of his employment with the defendant.
60.

Defendant, RCCL, is aware of the plaintiff’s need for further medical

treatment.
61.

Defendant, RCCL, refused to provide such further and prompt medical

treatment and the refusal to provide such further and prompt medical treatment
exacerbated the pain and suffering and agony of the plaintiff and has resulted in further
injuries to the plaintiff.
62.

Further, after a determination that Plaintiff, NAVEEN GAHLOT, was unfit

for duty, RCCL placed him in a substandard hotel with no room service and no
assistance at all, necessitating Mr. Gahlot – who was ordered by his surgeon to be
non-weight bearing to this right foot and to remain on bed rest for six weeks – to
limp to vending machines for whatever sustenance he could obtain by himself for many
days following the surgery, exacerbating his pain and delaying healing, and jeopardizing
his recovery.
63.

As a direct and proximate result of the defendant, RCCL’s refusal to

provide such prompt and adequate medical care as required by the Jones Act and
General Maritime Law, the plaintiff has suffered bodily injury and resulting pain and
Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

Gahlot, Naveen vs. Image Corp
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suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life,
loss of earnings, loss of ability to earn money, aggravation of pre-existing condition and
medical expenses. These injuries are permanent and continuing in nature and plaintiff
will suffer losses into the future as a result of these injuries.
WHEREFORE, plaintiff prays this Honorable Court enter judgment against
defendant,

RCCL, for all compensatory damages recognized under law including

attorney’s fees, prejudgment interest and court costs. Further plaintiff demands trial by
jury of all issues so triable as a mater of right.

COUNT VIII
FAILURE TO TREAT AND PROVIDE ADEQUATE MEDICAL CURE AS TO IMAGE
PHOTO SERVICES
Plaintiff adopts and realleges paragraphs 1 through 18 and further alleges:
64.

Defendant, IMAGE, is aware that the plaintiff was injured while within the

course and scope of his employment with the defendant.
65.

Defendant, IMAGE, is aware of the plaintiff’s need for further medical

treatment.
66.

Defendant, IMAGE, refused to provide such further and prompt medical

treatment and the refusal to provide such further and prompt medical treatment
exacerbated the pain and suffering and agony of the plaintiff and has resulted in further
injuries to the plaintiff.
67.

Further, after a determination that Plaintiff, NAVEEN GAHLOT, was unfit

for duty, IMAGE placed him in a substandard hotel with no room service and no
assistance at all, necessitating Mr. Gahlot – who was ordered by his surgeon to be
non-weight bearing to this right foot and to remain on bed rest for six weeks – to
limp to vending machines for whatever sustenance he could obtain by himself for many
days following the surgery, exacerbating his pain and delaying healing, and jeopardizing
his recovery.
68.

As a direct and proximate result of the defendant, IMAGE’s refusal to

provide such prompt and adequate medical care as required by the Jones Act and
General Maritime Law, the plaintiff has suffered bodily injury and resulting pain and
suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life,
Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]

Gahlot, Naveen vs. Image Corp
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loss of earnings, loss of ability to earn money, aggravation of pre-existing condition and
medical expenses. These injuries are permanent and continuing in nature and plaintiff
will suffer losses into the future as a result of these injuries.
WHEREFORE, plaintiff prays this Honorable Court enter judgment against
defendant,

IMAGE, for all compensatory damages recognized under law including

attorney’s fees, prejudgment interest and court costs. Further plaintiff demands trial by
jury of all issues so triable as a mater of right.

Dated: October 20, 2011
Law Offices of Glenn J. Holzberg
Offices at Pinecrest, Suite 220
7685 S.W. 104th Street
Miami, Florida 33156
Telephone: [phone]
Facsimile: [phone]

BY:

/s/ Glenn J. Holzberg
GLENN J. HOLZBERG
FL. Bar No.: 369551

Law Offices of Glenn J. Holzberg, 7685 SW 104TH Street, Suite 220, Miami, Florida 33156, Tel. [phone], Fax [phone]