Morlan v. Carnival Corporation

Filing 1

COMPLAINT against Carnival Corporation. Filing fees $ 400.00 receipt number AFLSDC-12572887, filed by Rachel Morlan. (Attachments: # 1 Summon(s), # 2 Civil Cover Sheet)(Finklehoffe, Carol)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.
RACHEL MORLAN,
Plaintiff,
v.
CARNIVAL CORPORATION.
Defendant.
/

COMPLAINT
Plaintiff sues Defendant and alleges:
PRELIMINARY ALLEGATIONS
1. The Plaintiff, RACHEL MORLAN, is a citizen of Oklahoma.
2. Defendant, CARNIVAL CORPORATION, is a foreign entity incorporated under the laws
of Panama.
3. The matter in controversy exceeds, exclusive of interests and costs, the sum specified by
28 U.S.C. § 1332. In the alternative, if diversity jurisdiction does not apply, then this matter falls
under the admiralty and maritime jurisdiction of this Court.
4. At all times material hereto, Defendant, personally or through an agent:
a. Operated, conducted, engaged in or carried on a business venture in this state and/or
county or had an office or agency in this state and/or county;
b. Was engaged in substantial activity within this state;
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c. Operated vessels in the waters of this state;
d. Committed one or more of the acts stated in Florida Statutes §§ 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. Defendant was engaged in the business of providing to the public and to Plaintiff in
particular, for compensation, vacation cruises aboard the vessel, Carnival Ecstasy.
5. Defendant is subject to the jurisdiction of the courts of this state.
6. The causes of action asserted in this Complaint arise under the General Maritime Law of
the United States.
GENERAL ALLEGATIONS
7. At all times material hereto, Defendant owned, operated, managed, maintained and/or
controlled the vessel, Carnival Ecstasy.
8. At all times material hereto, Defendant had exclusive custody and control of the vessel,
Carnival Ecstasy.
9. On or about September 10, 2019, Plaintiff was a paying passenger aboard Carnival
Ecstasy, which was in navigable waters.
10. On or about September 10, 2019 Plaintiff was severely injured when she slipped and fell
on an unreasonably wet, slippery, slick, worn out, hazardous, and/or dangerous flooring surface
when descending an exterior spiral stair case near the waterslide area of the vessel.
11. The unreasonably wet, slippery, slick, worn out, hazardous nature and/or dangerous of the
flooring surface was not open and obvious and the Plaintiff had no way of knowing the existence
of the hazardous condition.
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COUNT I – NEGLIGENT FAILURE TO WARN AGAINST DEFENDANT
Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs one
(1) through eleven (11) as though alleged originally herein.
12. At all times material hereto, it was the duty of Defendant to provide Plaintiff with
reasonable care under the circumstances.
13. At all times material hereto, it was the duty of Defendant to warn passengers (like Plaintiff)
of dangers that were known, or reasonably should have been known, to Defendant in places where
passengers (like Plaintiff) are invited to or may reasonably be expected to visit.
14. On or about September 10, 2019, the Plaintiff was on an exterior spiral staircase on Deck
11 leading down to a waterslide area of Defendant’s vessel, which is a place that Plaintiff was
invited to by Defendant and a place Defendant reasonably expected Plaintiff to be in during the
cruise.
15. On or about September 10, 2019, Defendant and/or its agents, servants and/or employees
breached its duty to warn the Plaintiff through the following acts and/or omissions:
a. Failure to warn the Plaintiff of the unreasonably wet, slippery, slick, worn out,
hazardous and/or dangerous condition of the flooring in the subject area; and/or
b. Failure to adequately warn the Plaintiff of the poorly maintained flooring surface used
on the subject area; and/or
c. Failure to warn the Plaintiff of the risks and/or dangers associated with the
unreasonably wet, slippery, slick, worn out and/or hazardous nature of the flooring
surface of the subject area, including but not limited to hazardous co-efficiency of
friction in light of the wet, slippery, slick, worn out and/or hazardous condition of the
flooring surface; and/or
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d. Failure to warn passengers and the Plaintiff of other slip and fall accidents previously
occurring in same area, same deck and/or same flooring surface.
16. The above acts and/or omissions caused and/or contributed to the Plaintiff being severely
injured because Plaintiff would not have walked on the unreasonably wet, slippery, slick, worn
out, hazardous and/or dangerous floor had Defendant and/or its agents, servants and/or employees
adequately warned and/or communicated the foregoing to the Plaintiff.
17. At all times material hereto, the surface of the subject area was unreasonably wet, slippery,
slick, worn out, hazardous and/or unreasonably dangerous.
18. Defendant knew of the foregoing conditions causing the Plaintiff’s accident and did not
correct them. Defendant’s knowledge of the dangerous condition(s) was specifically acquired
through (a) its cleaning and/or inspection of the subject floor and/or area prior to this incident,
and/or (b) prior incidents causing personal injury to Defendant’s passengers involving the same or
similar flooring aboard on its vessels, including the Carnival Ecstasy. Alternatively, the foregoing
conditions existed for a sufficient length of time so that Defendant, in the exercise of reasonable
care under the circumstances, should have learned of them and corrected them.
19. As a direct and proximate result of the negligence of Defendant, Plaintiff was injured about
Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment of life,
lost wages, disability, disfigurement, aggravation of any previously existing conditions therefrom,
incurred medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical
handicap. The injuries are permanent or continuing in nature, and Plaintiff will suffer the losses
and impairments in the future. In addition, Plaintiff lost the benefit of Plaintiff’s vacation, cruise,
and transportation costs.

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WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the
law against Defendant and requests trial with advisory jury.
COUNT II – NEGLIGENT FAILURE TO MAINTAIN AGAINST DEFENDANT
Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs one
(1) through eleven (11) as though alleged originally herein.
20. At all times material hereto, it was the duty of Defendant to provide Plaintiff with
reasonable care under the circumstances.
21. At all times material hereto, it was the duty of Defendant to maintain the subject flooring
near the staircase and waterslide area in a reasonably safe condition.
22. On or about September 10, 2019, Defendant and/or its agents, servants and/or employees
breached its duty through the following acts and/or omissions:
a. Failure to adequately and regularly inspect the subject flooring near the staircase and
waterslide area, to determine whether the subject flooring was unreasonably wet,
slippery, slick, worn out, hazardous in nature and/or dangerous; and/or
b. Failure to maintain the subject flooring surface near the waterslides where Plaintiff fell
in a reasonably safe condition in light of the anticipated use; and/or
c. Failure to maintain the subject floor in a clean and dry condition; and/or
d. Failure to maintain the subject flooring with reasonable co-efficient of friction and
ensure it was not worn out; and/or
e. Failure to maintain the surface of the floor in a reasonably safe condition if/when the
subject area floor became wet, or too slippery, including, but not limited to, closing off
the subject area that was dangerously slippery, and/or placing signage to warn
passengers of hazardous areas; and/or
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f. Failure to maintain anti-slip/slip-resistance material, mats and/or anti-slip/slipresistance tape on the subject flooring surface.
23. The above acts and/or omissions caused and/or contributed to the Plaintiff being severely
injured because Plaintiff’s incident would not have occurred but for Defendant’s failure to
adequately inspect and/or maintain the subject area.
24. At all times material hereto, the surface of the subject area was unreasonably wet, slippery,
slick, worn out, poorly maintained, hazardous and/or unreasonably dangerous.
25. Defendant knew of the foregoing conditions causing the Plaintiff’s accident and did not
correct them. Defendant’s knowledge of the dangerous condition(s) was specifically acquired
through (a) its cleaning and/or inspection of the subject floor and/or area prior to this incident,
and/or (b) prior incidents causing personal injury to Defendant’s passengers involving the same or
similar flooring aboard on its vessels, including the Carnival Ecstasy. Alternatively, the foregoing
conditions existed for a sufficient length of time so that Defendant, in the exercise of reasonable
care under the circumstances, should have learned of them and corrected them.
26. As a direct and proximate result of the negligence of Defendant, Plaintiff was injured about
Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment of life,
lost wages, disability, disfigurement, aggravation of any previously existing conditions therefrom,
incurred medical expenses in the care and treatment of Plaintiff’s injuries, and suffered physical
handicap. The injuries are permanent or continuing in nature, and Plaintiff will suffer the losses
and impairments in the future. In addition, Plaintiff lost the benefit of Plaintiff’s vacation, cruise,
and transportation costs. Further, the injuries resulting from her fall are permanent or continuing
in nature and Plaintiff will suffer these losses and impairments into the future.

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WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the
law against Defendant and requests trial with advisory jury.

COUNT III – GENERAL NEGLIGENCE AGAINST DEFENDANT
Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs one
(1) through eleven (11) as though alleged originally herein.
27. At all times material hereto, it was the duty of Defendant to provide Plaintiff with
reasonable care under the circumstances.
28. On or about September 10, 2019, Defendant and/or its agents, servants and/or employees
breached its duty to provide Plaintiff with reasonable care under the circumstances through the
following acts and/or omissions:
a. Failure to adequately and regularly monitor the subject area to maintain it free of wet,
slippery, slick, worn out, hazardous and/or dangerous conditions; and/or
b. Failure to regularly and adequately clean the subject area; and/or
c. Failing to follow the manufacturer of the subject flooring surface instructions for
cleaning and/or maintaining the surface; and/or
d. Failure to close off and/or place warning signs on or around the wet and slippery areas
of the subject area; and/or
e. Failure to close off and/or place warning signs on or around area that was worn out and
lacked proper co-efficient of friction; and/or
f. Failure to promulgate and/or enforce adequate policies and procedures to ensure that
the subject area is adequately and regularly inspected, monitored, cleaned and
maintained free of wet, slippery, slick, worn out, hazardous and/or dangerous
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conditions; and/or
g. Failure to promulgate and/or enforce adequate policies and procedures to ensure that
warnings signs are placed on or around wet, slippery, slick, worn out, hazardous and/or
dangerous areas and/or that such wet, slippery, slick, worn out, hazardous and/or
dangerous areas are closed off; and/or
h. Failure to analyze prior slip-and-fall accidents aboard Defendant’s vessels occurring in
the same area and/or type of flooring surface so as to remedy such hazardous
conditions; and/or
i. Failure to correct hazardous conditions following other slip and fall accidents in the
same area and/or type of flooring surface; and/or
j. Failure to utilize a reasonably safe flooring surface in light of the anticipated traffic and
anticipated purpose of the area; and/or
k. Failure to retrofit flooring surface in light of the anticipated traffic and anticipated
purpose of the area; and/or
l. Failure to test and/or adequately evaluate flooring surface in light of the anticipated
traffic and anticipated purpose of the area; and/or
m. Failure to have a non-slip or non-skid flooring surface on the subject area; and/or
n. Failure to place rubber mats or apply a non-slip or non-skid substance for the flooring
surface on or around the subject area; and/or
o. Failure to adequately test the coefficient of friction and slip resistance of the subject
flooring surface before opening it up to passengers (like Plaintiff); and/or
p. Negligently designing, selecting, and/or approving the flooring, and lighting scheme;
and/or
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q. Failure to instruct passengers and the Plaintiff concerning proper footwear when
walking on the subject flooring surface and/or the subject area.
29. The above acts and/or omissions caused and/or contributed to the Plaintiff being severely
injured because Plaintiff’s incident would not have occurred but for such acts and/or omissions.
30. At all times material hereto, the surface of the subject area was unreasonably wet, slippery,
slick, worn out, hazardous and/or unreasonably dangerous.
31. Defendant knew of the foregoing conditions causing the Plaintiff’s accident and did not
correct them. Defendant’s knowledge of the dangerous condition(s) was specifically acquired
through (a) its cleaning and/or inspection of the subject floor and/or area prior to this incident,
and/or (b) prior incidents causing personal injury to Defendant’s passengers involving the same or
similar flooring aboard on its vessels, including the Carnival Ecstasy. Alternatively, the foregoing
conditions existed for a sufficient length of time so that Defendant, in the exercise of reasonable
care under the circumstances, should have learned of them and corrected them.
32. As a direct and proximate result of the negligence of Defendant, Plaintiff was injured about
Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment of life,
disability, disfigurement, aggravation of any previously existing conditions therefrom, incurred
medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical handicap, lost
wages and Plaintiff’s working ability has been impaired. The injuries are permanent or continuing
in nature, and Plaintiff will suffer the losses and impairments in the future. In addition, Plaintiff
lost the benefit of Plaintiff’s vacation, cruise, and transportation costs. Further, the injuries
resulting from her fall are permanent or continuing in nature and Plaintiff will suffer these losses
and impairments into the future.

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WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the
law against Defendant and requests trial with advisory jury.
Respectfully submitted,
LIPCON, MARGULIES,
ALSINA & WINKLEMAN, P.A.
Attorneys for Plaintiff
One Biscayne Tower, Suite 1776
2 S. Biscayne Boulevard
Miami, Florida 33131
Telephone No.: [phone]
Facsimile No.: [phone]
By: /s/ Carol L. Finklehoffe
JASON R. MARGULIES
Florida Bar No. 57916
[e-mail]
CAROL L. FINKLEHOFFE
Florida Bar No. 0015903
[e-mail]

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