Goldberg v. Celebrity Cruises, Inc.

Filing 1

COMPLAINT AND DEMAND FOR JURY TRIAL against CELEBRITY CRUISES, INC.. Filing fee $ 350.00 receipt number 113C-4520476, filed by JOEL GOLDBERG. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Alsina, Ricardo)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.:
JOEL GOLDBERG,
Plaintiff,
v.
CELEBRITY CRUISES, INC.
Defendant,
___________________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff sues Defendant and alleges:
PRELIMINARY ALLEGATIONS
1. Plaintiff is a citizen of the state of Maryland and Defendant Celebrity Cruises,
Inc. (hereinafter “CELEBRITY”) is a Florida corporation with a principal place of
business in Florida.
2. The matter in controversy exceeds, exclusive of interest and costs, the sum
specified by 28 U.S.C. § 1332. In the event diversity jurisdiction does not apply,
then this matter falls under the admiralty and maritime jurisdiction of this Court.
3. Defendant, at all times material hereto, personally or though an agent:
a. Operated, conducted, engaged in or carried on a business venture in this
state and/or country or had an office or agency in this state and/or country;
b. Was engaged in substantial activity within this state;
c. Operated vessels in the waters of this state;

Joel Goldberg v. Celebrity Cruises, Inc.
Complaint

d. Committed one or more of the acts stated in Florida Statutes, Sections
48.081, 48.181 or 48.193;
e. The acts of Defendant set out in this Complaint occurred in whole or in
part in this county and/or state;
f. The Defendant, as a common carrier, was engaged in the business of
providing to the public and to the Plaintiff in particular, for compensation,
vacation cruises aboard the vessel, CENTURY.
4. At all times material hereto, Defendant CELEBRITY is subject to the jurisdiction
of the Courts of this state.
5. At all times material hereto, the causes of action asserted in this Complaint arise
under the General Maritime Law of the United States.
6. At all times material hereto, Defendant CELEBRITY owned, operated, managed,
maintained and/or controlled the vessel CENTURY.
7. On or about March 15, 2011, Plaintiff Joel Goldberg was a paying passenger on
the vessel CENTURY, which was in navigable waters.
8. While aboard the vessel CENTURY, the Plaintiff suffered serious personal
injuries when he was forced into a metal barrier in the vessel’s pool. As a result
thereof Plaintiff suffered physical injuries to his right hand.
COUNT I – NEGLIGENCE
9. Plaintiff realleges, adopts, and incorporates by reference the allegations in
paragraphs 1 through 8 as though alleged originally herein.
10. It was the duty of CELEBRITY to provide Plaintiff with reasonable care under
the circumstances.

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Lipcon, Margulies, Alsina &Winkleman, P.A.

Joel Goldberg v. Celebrity Cruises, Inc.
Complaint

11. On or about March 15, 2011, CELEBRITY and/or its agents, servants, and/or
employees breached its duty to provide Plaintiff with reasonable care under the
circumstances.
12. Plaintiff was injured due to the fault and/or negligence of CELEBRITY and/or its
agents, servants, joint ventures and/or employees as follows:
a. Failure to provide an adequately hazard free and/or adequately safe pool
area for the enjoyment of the Plaintiff , and/or;
b. Failure to adequately monitor the pool in which Plaintiff was injured due
to the conditions permitted to exists and/or arise in the pool while being
used by the Plaintiff, and/or;
c. Failure to adequately enforce the pool rules to prevent an otherwise unsafe
condition from arising in the pool area where Plaintiff suffered his injury,
and/or;
d. Failure to properly supervise the pool area where Plaintiff suffered his
injury, and/or;
e. Failure to provide an adequately safe pool environment for the use of all
it’s passengers, and/or;
f. Failure to identify the hazards that the pool area in which the Plaintiff
suffered his injury posed to the Plaintiff as a result of the Defendant’s
inadequate pool rules and the enforcement of them, and/or;
g. Failure to adequately maintain the pool area where Plaintiff suffered his
injury, and/or;

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Lipcon, Margulies, Alsina &Winkleman, P.A.

Joel Goldberg v. Celebrity Cruises, Inc.
Complaint

h. Failure to adequately inspect the pool area in which the Plaintiff suffered
his injury, and/or;
i. Failure to timely correct the dangerous and/or unsafe conditions in the
pool area in which Plaintiff suffered his injuries, after the conditions
became known to the Defendant or should have become known to the
Defendant if they had exercised reasonable care and prior to those
conditions being permitted to cause injury to the Plaintiff, and/or
j. Failure to adequately warn Plaintiff, during the voyage on which the
Plaintiff was injured, of the danger to the Plaintiff that the lack of
adequate, maintenance, inspection, and supervision of the pool area in
which the Plaintiff suffered his injuries posed to him, and/or;
k. Failure to adequately design the subject area in which the Plaintiff
suffered his accident so as to design out the possibility for the Plaintiff’s
accident to have occurred, and/or;
l. Failure to have adequate rules and/or procedures in place at the time of the
Plaintiff’s accident for the subject area in which the Plaintiff suffered his
accident so as to prevent the possibility for the Plaintiff’s accident to have
occurred, and/or;
m. Failure to provide any written or verbal instructions and/or warnings
concerning the dangerous and/or unsafe conditions that existed in the pool
area where Plaintiff suffered his injuries, and/or;

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Lipcon, Margulies, Alsina &Winkleman, P.A.

Joel Goldberg v. Celebrity Cruises, Inc.
Complaint

n. Failure to ascertain the cause of prior similar accidents happening on any
of the Defendant’s vessels fleet wide so as to take adequate measures to
prevent their reoccurrence, and more particularly Plaintiff’s accident.
All of which caused and/or contributed to the Plaintiff becoming injured when he was
forced into a metal barrier while swimming in one of the CENTURY’s pools.
13. At all material times, CELEBRITY had exclusive custody and control of the
vessel CENTURY.
14. At all times material hereto, CENTURY negligently failed to determine the
hazards in the pool area in which the Plaintiff suffered his injury posed to the
Plaintiff. Failed to eliminate or modify the hazard that the pool area in which the
Plaintiff suffered his injuries posed to Plaintiff and failed to properly warn the
Plaintiff of the hazard. In addition, CELEBRITY violated the International Safety
Management Code’s goals and intent and failed to have properly, adequately and
safely implement the International Safety Management Code. Further,
CELEBRITY failed to have a proper, adequate and safe, Safety Management
System Manual aboard the vessel CELEBRITY and/or failed to follow it in
respect to the Plaintiff’s incident/accident. As a result, all of the above caused
and/or contributed to the Plaintiff being injured when he suffered an injury in the
pool on the CELEBRITY.
15. CELEBRITY knew of the foregoing conditions causing Plaintiff’s accident and
did not correct them, or the conditions existed for a sufficient length of time so
that CELEBRITY in the exercise of reasonable care under the circumstances
should have learned of them and corrected them.

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Lipcon, Margulies, Alsina &Winkleman, P.A.

Joel Goldberg v. Celebrity Cruises, Inc.
Complaint

16. As a result of the negligence of CELEBRITY, the Plaintiff was injured about
Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of
enjoyment of life, disability, disfigurement, physical handicap, post traumatic
stress disorder and other mental and/or nervous disorders, suffered the
aggravation of any previously existing conditions and incurred medical expenses
in the care and treatment of Plaintiff’s injuries. The Plaintiff also lost earnings and
lost earning capacity both past and future as well as losing the benefit of
Plaintiff’s entire vacation, cruise and transportation costs. Further, the injuries
resulting from his accident are permanent or continuing in nature and Plaintiff
will suffer these losses and impairment into the future.
WHEREFORE, the Plaintiff demands judgment for all damages recoverable under
the law against the Defendant and demands trial by jury.
LIPCON, MARGULIES, ALSINA
& WINKLEMAN, P.A.
Attorneys for Plaintiff
Suite 1776, One Biscayne Tower
Miami, Florida 33131
Telephone: (305) 373 – 3016
Fax: (305) 373 – 6204
By:___s/Ricardo V. Alsina_______
RICARDO V. ALSINA
FLORIDA BAR NO. 883182

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Lipcon, Margulies, Alsina &Winkleman, P.A.