Villanueva v. NCL America LLC

Filing 1

Plaintiff's Complaint RE: Seaman and Demand for Jury Trial against NCL AMERICA LLC. CLERKS NOTICE: Please be advised that this Seamans Action filed pursuant to 28 USC 1916 waives prepayment of the .00 filing fee, filed by Villein Villanueza. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summon(s))(Black, Michael) Modified text on 6/4/2012 (ar2).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO:

Villein Villanueva
Plaintiff
v.
NCL America LLC
Defendant
______________________________/
PLAINTIFF’S COMPLAINT AND DEMAND FOR JURY TRIAL

Now comes the Plaintiff in the above-entitled matter and for his complaint states:
General Factual Allegations
1.

The Plaintiff, Villein Villanueva, is a resident of California and a Citizen of the

United States.
2.

The Defendant, NCL America LLC, is a Limited Liability Company, duly

organized and existing under the laws of the State of Delaware, with a principal place of business
in Miami, Dade County, State of Florida.
3.

On or about June 3, 2009, the Defendant, NCL America LLC , was doing

business within the State of Florida.
4.

On or about June 3, 2009, the Plaintiff, Villein Villanueva, was employed by the

Defendant, NCL America LLC

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5.

On or about June 3, 2009, the Plaintiff, Villein Villanueva, was employed by the

Defendant, NCL America LLC, as a seaman, and a member of the crew of the M/V PRIDE OF
AMERICA.
6.

On or about June 3, 2009, the Defendant, NCL America LLC, owned the M/V

PRIDE OF AMERICA.
7.

The Defendant, NCL America LLC, chartered the M/V PRIDE OF AMERICA

from some other person or entity such that on or about June 3, 2009 the Defendant, NCL
America LLC was the owner pro hac vice of the M/V PRIDE OF AMERICA.
8.

On or about June 3, 2009, the Defendant, NCL America LLC, operated the M/V

PRIDE OF AMERICA.
9.

On or about June 3, 2009, the Defendant, NCL America LLC, or the Defendant's

agents, servants, and/or employees, controlled the M/V PRIDE OF AMERICA.
10.

On or about June 3, 2009, the M/V PRIDE OF AMERICA was in navigable

11.

On or about June 3, 2009, while in the in the performance of his duties in the

waters.

service of the M/V PRIDE OF AMERICA, the Plaintiff, Villein Villanueva, sustained personal
injuries.
12.

Prior to and at the time he sustained the above-mentioned personal injuries, the

Plaintiff, Villein Villanueva, was exercising due care.

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Jurisdiction
13. This Court has subject matter jurisdiction over this matter pursuant to The Merchant
Marine Act of 1920, commonly called the Jones Act, 46 U.S.C., §30104 , et. seq. (formerly §688
et. seq.).
14.

This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C.

§1331, 28 U.S.C. §1332, and 28 U.S.C. §1333.
COUNT I
Villein Villanueva v. NCL America LLC
(JONES ACT NEGLIGENCE)
15.

The Plaintiff, Villein Villanueva, reiterates the allegations set forth in paragraphs

1 through 14 above.
16.

The personal injuries sustained by the Plaintiff, Villein Villanueva, were not

caused by any fault on his part but were caused by the negligence of the Defendant, its agents,
servants and/or employees.
17.

As a result of said injuries, the Plaintiff, Villein Villanueva, has suffered pain of

body and anguish of mind, lost time from his usual work and pursuits, incurred medical
expenses, and has sustained and will sustain other damages as will be shown at trial.
18.

This cause of action is brought under the Merchant Marine Act of 1920,

commonly called the Jones Act.
WHEREFORE, the Plaintiff, Villein Villanueva, demands judgment against the
Defendant, NCL America LLC , in the amount of two hundred fifty thousand dollars together
with interest and costs.

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COUNT II
Villein Villanueva v. NCL America LLC
(GENERAL MARITIME LAW - UNSEAWORTHINESS)
19.

The Plaintiff, Villein Villanueva, reiterates the allegations set forth in paragraphs

1 through 14 above.
20.

The personal injuries sustained by the Plaintiff, Villein Villanueva, were due to no

fault of his, but were caused by the Unseaworthiness of the M/V PRIDE OF AMERICA.
21.

As a result of said injuries, the Plaintiff, Villein Villanueva has, suffered pain of

body and anguish of mind, lost time from his usual work and pursuits, incurred medical
expenses, and has sustained and will sustain other damages as will be shown at trial.
22.

This cause of action is brought under the General Maritime Law for

Unseaworthiness and is for the same cause of action as Count I.
WHEREFORE, the Plaintiff, Villein Villanueva, demands judgment against the
Defendant, NCL America LLC , in the amount of two hundred fifty thousand dollars, together
with interest and costs.

COUNT III
Villein Villanueva v. NCL America LLC
(GENERAL MARITIME LAW - MAINTENANCE and CURE)
23.

The Plaintiff, Villein Villanueva, reiterates all of the allegations set forth in

Paragraphs 1 through 14 above.

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24.

As a result of the personal injuries described in paragraph 11 above, the Plaintiff,

Villein Villanueva, has incurred and will continue to incur expenses for his maintenance and
cure.
WHEREFORE, the Plaintiff, Villein Villanueva, demands judgment against the
Defendant, NCL America LLC , in the amount of ten thousand dollars for maintenance and
cure, together with costs and interest.

PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES
RAISED IN COUNTS, I, II, AND III.

Miami, Florida
June 1, 2012
By:

To be appearing pro hac vice:
/s/ David F. Anderson
David F. Anderson, Esq.
Latti & Anderson LLP
30-31 Union Wharf
Boston, MA 02109
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]

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/s/ Michael C. Black
____________________________
MICHAEL C. BLACK, ESQUIRE
F.B.N. 0056162
[e-mail]
CASSIDY & BLACK, P.A.
Dadeland Square at the Greenery Mall
7700 North Kendall Drive, Suite 505
Miami, Florida 33156
Telephone:
[phone]
Facsimile:
[phone]
Counsel for Plaintiff, Villein Villanueva