Olson v. Celebrity Cruises, Inc.

Filing 1

COMPLAINT against Celebrity Cruises, Inc.. Filing fee $ 350.00 receipt number 113C-4172398, filed by Marilyn Olson. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Hoffman, Paul)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.:
MARILYN OLSON
Plaintiff
vs.
CELEBRITY CRUISES, INC.
Defendant.
__________________________________/
COMPLAINT
COMES NOW, the Plaintiff, MARILYN OLSON, by and through his undersigned
counsel, and sues the Defendant, CELEBRITY CRUISES, INC., 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, Section 22. The cause of
action is in excess of the jurisdictional limits of the court and in excess of
$75,000.00. There is diversity of citizenship. Plaintiff is a citizen and resident of
the state of Oregon. This is a maritime cause of action.

2.

Plaintiff has complied with all conditions precedent.

3.

Defendant, CELEBRITY CRUISES, INC. (hereinafter “CELEBRITY”), is 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.

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COUNT ONE-NEGLIGENCE
4.

Plaintiff reavers and realleges paragraphs one through three as if set forth herein.

5.

At all times material hereto, Defendant owned, operated, managed, maintained
and/or controlled the vessel CELEBRITY ECLIPSE.

6.

On or about November 12, 2010, Plaintiff was a fare- paying passenger on
Defendant’s vessel CELEBRITY ECLIPSE, which was in navigable waters.

7.

It was the duty of Defendant CELEBRITY to exercise reasonable care under the
circumstances.

8.

Notwithstanding Defendant’s duty as aforesaid, Plaintiff was injured due to the
fault and/or negligence of CELEBRITY, and/or its agents, servants, and/or
employees as follows:
a.

Failing to properly maintain a glass door in a reasonably safe condition,
and/or;

b.

Failing to provide adequate training, instruction, and proper supervision to
crew members working in the ping pong room, and/or;

c.

Failure to identify hazards to passengers like plaintiff using the ping pong
room, and/or;

d.

Failure to provide Plaintiff with a warning of the reasonably likely dangers
of entering or exiting the ping pong room.

9.

As a result of the foregoing, the Plaintiff was seriously injured when she
attempted to exit the ping pong room and smashed her nose and face against an
unmarked glass door, which had no decal on it or other warning sign in the
immediate vicinity. In fact, just a few minutes earlier, Plaintiff had walked into

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the room and this same glass door was open and it was reasonable for Plaintiff to
believe that the door would be in the same open condition when she attempted to
exit. An activities worker named Matt had closed the door without warning
Plaintiff of whose presence he had actual knowledge.
10.

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

11.

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
herein before alleged in paragraph eight to have caused Plaintiff’s injury.

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, scarring,
disfigurement and physical handicap and a loss of the ability to enjoy life;
suffered a loss of enjoyment of the cruise and the money paid for the cruise,
suffered an aggravation of previously known and/or unknown conditions, suffered
a loss of earnings in the past, and a loss of earning capacity in the future. 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, costs and demands a trial by jury.

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DATED this 21st Day of October, 2011.

HOFFMAN LAW FIRM
2888 East Oakland Park Boulevard
Fort Lauderdale, FL 33306
Telephone: [phone]
Facsimile: [phone]

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

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