Jantzen v. Carnival Corporation

Filing 1

COMPLAINT against Carnival Corporation d/b/a Carnival Cruise Lines, a foreigh corporation. Filing fee $ 350.00 receipt number 113C-4503178, filed by PATRICIA JANTZEN. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Aronson, Jonathan)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.

PATRICIA JANTZEN,
Plaintiff,
vs.
CARNIVAL CORPORATION,
d/b/a CARNIVAL CRUISE LINES,
a Foreign for Profit Corporation
Defendants.
________________________________/
COMPLAINT
Comes now Plaintiff, PATRICIA JANTZEN, by and through her undersigned attorneys,
hereby sues the Defendant, Carnival Corporation, doing business as Carnival Cruise Lines, and
alleges:
COUNT I
NEGLIGENCE OF CARNIVAL CORPORATION
1.

This is an action for damages that exceed $75,000.00, exclusive of attorney’s fees,

interest and costs.
2.

This Contract of Passage between Plaintiff and Defendant requires that Plaintiff

file suit in the United States District Court for the Southern District of Florida. Attached is an
exemplar of the Forum Selection Clause (Exhibit “A”).
3.

Plaintiff is an adult resident of Niceville, Florida.

Jantzen v. Carnival Corporation
Page 2

4.

The Defendant, Carnival Corporation, doing business as Carnival Cruise Lines

(hereinafter “Carnival”), is a foreign for profit corporation authorized to do business and doing
business in Dade County, Florida.
5.

Carnival’s principal office is located at or near 3655 NW 87th Avenue, Miami,

Dade County, Florida. Pursuant to the contract of passage, the Plaintiff is required to file suit in
United States District Court for the Southern District of Florida.
6.

At all times material hereto, Carnival owned and/or operated a cruise ship, known

as the Carnival VICTORY.
7.

On or about January 18, 2011, Patricia Jantzen (hereinafter “Ms. Jantzen”), was a

fare paying passenger on the Carnival VICTORY. Plaintiff had an agreement with carnival
Cruise Lines to extend the Statute of Limitations.
8.

At said time, Carnival owed a duty to its passengers, generally, and to Plaintiff,

specifically, to operate its cruise ship business in a reasonably safe manner and to maintain its
said cruise ship, the Carnival VICTORY, in a reasonably safe condition, to include inspecting the
outside decks and by exercising reasonable care to keep said decks free from defects, transient
foreign objects and conditions that might foreseeably give rise to loss, injury or damage to its
passengers and business invitees and to warn said individuals and others lawfully on the
aforementioned cruise ship of any dangerous condition or risk of which Carnival, through its
agents, servants and/or employees, either knew, or in the exercise of reasonable care, should have
known was present and likely to cause loss, injury or damage.
9.

On or about January 18, 2011, Ms. Jantzen, while lawfully on Defendant’s cruise

ship and a passenger and business invitee on the Carnival VICTORY ship, was injured when a
foreign substance was allowed to accumulate on the deck and had Carnival exercised reasonable

Jantzen v. Carnival Corporation
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precaution and/or inspection procedures, Carnival would have noted the unsafe and/or defective
condition and remedied the same.
10.

At all times material hereto, Carnival, by and through its agents, servants, and/or

employees, breached its duty to Plaintiff by committing one or more of the following negligent
acts of commission and/or omission, which proximately caused injuries to Ms. Jantzen:
a) negligently and/or carelessly failed to operate its cruise ship in a
reasonably safe manner and failed to maintain the deck in a reasonably safe manner and/or to
allow the deck to exist in such a poor state of maintenance that the same was a dangerous
condition;
b) failed to implement a proper inspection plan and/or program to make sure
the decks are maintained in a reasonably safe condition;
c) Carnival knew or should have known through the exercise of ordinary and
reasonable care that its decks were in a poor state of maintenance and that the same was a
dangerous condition;
d) Carnival knew or should have known of the dangerous condition of the
decks and failed to exercise reasonable care to remedy said condition;
e) Carnival failed to warn its passengers, including Ms. Jantzen, of the
dangerous condition of the decks when Carnival knew or should have known that the decks were
in a dangerous condition;
f) Carnival failed to train its shipboard personnel to properly maintain and/or
inspect the decks.
11.

As a direct and proximate cause of the negligence of Carnival, Ms. Jantzen was

injured when a wet and/or foreign substance on an outside deck caused Plaintiff to slip and fall

Jantzen v. Carnival Corporation
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and injure her right knee sustaining a dislocation fracture and necessitating surgery causing pain
and suffering, loss enjoyment of life, loss of income (past and future), incur medical expenses
(past and future), mental pain and suffering and otherwise damaged the Plaintiff so that Plaintiff
is entitled to an award of damages to compensate the Plaintiff.
WHEREFORE, Plaintiff, Patricia Jantzen, hereby demands judgment for damages against
the Defendant, Carnival Corporation, doing business as Carnival Cruise Lines, in an amount in
excess of $75,000.00, exclusive of attorney’s fees but inclusive of, interest and costs.
COUNT II
NEGLIGENT MODE OF OPERATIONS BY CARNIVAL
12.

Plaintiff realleges the allegations set forth in paragraphs 1 through 11 above as

though the same were herein fully set forth at length.
13.

At all times material hereto Carnival had a duty to use reasonable care in its mode

or method of operation so as to operate its cruise ship business in a reasonably safe manner and to
maintain the deck in a reasonably safe condition, to include minimizing or eliminating the
likelihood of dangerous conditions arising or existing, such as the poorly maintained deck, that
existed at the time Ms. Jantzen was injured therefrom.
14.

At all times material hereto, Carnival owed a duty to its passengers, generally, and

to Ms. Jantzen, specifically, not to create or allow a dangerous or unsafe condition to exist as a
result of its selected mode or method of operation.
15.

Carnival’s mode or method of operation, including, but not limited to, its decision

as to the staffing level of the crew aboard its cruise ships VICTORY were inadequate and/or
insufficient so that ship personnel did not have sufficient time, training or instruction to properly
inspect the decks to make sure the same were in a proper state of repair and/or more particularly,
failed to inspect the decks near Ms. Jantzen’s cabin.

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16.

Carnival’s mode or method of operation, including, but not limited to, its decision

to not inspect and/or properly inspect and/or adequately inspect the deck where Ms. Jantzen had
her accident or allowed an unsafe condition to occur and/or exists on a regular and/or frequent
basis thus rendering such condition foreseeable.
17.

Carnival failed to implement an adequate system to prevent, identify and maintain

decks which constituted negligence and was the proximate cause of Ms. Jantzen’s slipping and
suffering injuries, to specifically include injuring her right knee sustaining a dislocation fracture
and necessitating surgery.
18.

On January 18, 2011, Carnival by and through it agents, servants, and/or

employees, could have and should have reasonably anticipated that its mode or method of
operation would result in poorly maintained decks injuring passengers such as occurred to Ms.
Jantzen.
19.

Carnival failed to exercise reasonable care to modify its mode or method of

operation or to adopt an appropriate mode or method of operation so as to reduce, minimize or
eliminate the foreseeable risk that a passenger or others lawfully on its VICTORY ship would be
injured by poorly maintained decks on the Carnival VICTORY.
20.

As a direct and proximate result of Carnival’s negligent mode or method of

operation and the resulting dangerous and unsafe condition (inadequate or poorly maintained
decks on the Carnival VICTORY created and/or allowed to exist thereby, Ms. Jantzen slipped and
feel, was injured to her right knee sustaining a dislocation fracture and necessitating surgery,
suffered pain therefrom, was forced to miss work and suffer wage loss, incurred medical expenses
for the treatment of her said injuries, suffered mental anguish, physical handicap, an impairment
of future earning capacity and has therefrom suffered loss of enjoyment of life. Plaintiff’s injuries

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are permanent and continuing in nature and Plaintiff will continue to suffer losses and
impairments in the future.
WHEREFORE, Plaintiff, Patricia Jantzen, hereby demands judgment for damages against
the Defendant, Carnival Corporation, doing business as Carnival Cruise Lines, in an amount in
excess of $75,000.00, exclusive of attorney’s fees but inclusive of interest and costs..
DATED this 27 day of February, 2012.
Respectfully submitted,

s/Jonathan B. Aronson
Jonathan B. Aronson, Esq.
Florida Bar No. 434116
[e-mail]
ARONSON LAW FIRM
5730 S.W. 74th Street; Suite 800
Miami, Florida 33143
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff

s/James M. Walker, Esq.
James M. Walker, Esq.
[e-mail]
Walker & O’Neill, P.A.
Plaza 57, Suite 430
7301 SW 57th Court
South Miami, FL 33143
Phone: [phone]
Fax: [phone]