Lugo v. Carnival Corp.
154 F. Supp. 3d 1341
S.D. Fla.2015Background
- Plaintiff Lugo and family took a four-day Carnival cruise on the Carnival Victory from Miami starting February 26, 2015.
- The family cabin had three beds with two bunk ladders; they used one ladder during the trip and children moved it between bunk beds without incident.
- On the night of the accident, Lugo slept on his son’s bunk; he had previously used the bunk ladder to ascend without issue.
- Around 6:30 a.m. Lugo answered a wake-up call, descended the bunk ladder, and fell forward when he believed he had reached the floor.
- Lugo sustained a fractured rib and the April 6, 2015 complaint asserted negligence theories including failure to remedy, warn, or properly train/retain crew.
- Carnival moved for summary judgment arguing no duty to warn an open-and-obvious condition and no evidence of notice; Lugo opposed but failed to comply with Local Rule 56.1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to warn for open and obvious condition | Lugo argues Carnival owed a duty to warn of dangers. | Carnival argues no duty to warn for open and obvious risk. | No duty to warn; open-and-obvious condition defeated duty element. |
| Notice of the dangerous condition | Plaintiff contends Carnival had actual or constructive notice. | Carnival contends no notice is required where danger is open and obvious. | Court granted summary judgment on basis of open-and-obvious condition; no need to prove notice. |
Key Cases Cited
- Lancaster v. Carnival Corp., 85 F.Supp.3d 1341 (S.D. Fla. 2015) (open and obvious standard; no duty to warn for obvious luggage condition or similar hazards)
- Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318 (11th Cir. 1989) (duty to exercise reasonable care; notice requirement for risk-creating condition)
- Torres v. Carnival Corp., 635 Fed.Appx. 595 (11th Cir. 2015) ( cruise ship operator owes reasonable care; open/obvious rule acknowledged)