Lancaster v. Carnival Corp.
85 F. Supp. 3d 1341
S.D. Fla.2015Background
- On Oct. 8, 2012, plaintiff and his girlfriend were on a four-day Mexican cruise and walking through a crowded Deck 6 Corridor during debarkation.
- Plaintiff, 71 with mobility problems, was assisted by his girlfriend as he weaved through the crowd.
- Plaintiff tripped and hit his head, allegedly sustaining a traumatic brain injury; he was treated in the ship’s hospital.
- Plaintiff filed a one-count complaint against the cruise line alleging negligence for (1) failing to warn about crowding during debarkation and (2) failing to implement adequate crowd-control procedures.
- The court granted in part and denied in part defendant’s motion for summary judgment after considering the pleadings, briefing, and record evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to warn open and obvious dangers | Plaintiff argues defendant had a duty to warn about the luggage and crowd. | Defendant argues there is no duty to warn for open and obvious conditions. | No duty to warn; granted summary judgment on this theory. |
| General duty of reasonable care to prevent crowding | Plaintiff contends defendant breached the duty by inadequate debarkation safety measures. | Defendant argues its procedures and staffing were adequate to prevent crowding. | Genuine dispute remains; summary judgment denied on this theory. |
| Causation between crowding and injury | Crowding caused plaintiff to stumble over luggage in the Corridor. | No evidence plaintiff tripped over luggage; arguments focus on crowding causation. | Record could support causation; jury could determine injury was caused by luggage. |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (Supreme Court 1986) (establishes standard for summary judgment burden and burden-shifting)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (Supreme Court 1986) (no genuine dispute where evidence is merely colorable or speculative)
- Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625 (U.S. 1959) (shipowner duty to exercise ordinary reasonable care under the circumstances)
- Chaparro v. Carnival Corp., 693 F.3d 1333 (11th Cir. 2012) (limits to heightened duty in maritime negligence claims; ordinary care standard applies)
- Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318 (11th Cir. 1989) (duty not to unreasonably create hazardous conditions under reasonable care framework)