GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 

THOMAS HAYNES,

Plaintiff,

v.

CARNIVAL CORPORATION,

a Panamanian Corporation d/b/a

CARNIVAL CRUISE LINES,

Defendant.

______________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

COMES NOW, Plaintiff THOMAS HAYNES, an California citizen and resident, and 

files this Complaint against Defendant CARNIVAL CORPORATION, a Panamanian 

corporation with its principal place of business in Florida, doing business as CARNIVAL 

CRUISE LINES, and alleges:

JURISDICTION, VENUE AND PARTIES

1. This is an action for damages in excess of seventy-five thousand ($75,000.00) 

dollars, exclusive of interest and costs.

2. Plaintiff THOMAS HAYNES is sui juris and is a permanent resident and citizen 

of the State of California.

3. Defendant CARNIVAL CORPORATION (CARNIVAL) is a Panamanian 

corporation with its principal place of business in Miami, Miami-Dade County, Florida. At all 

material times Defendant CARNIVAL CORPORATION has done business under the fictitious 

Case 1:20-cv-21921-RNS Document 1 Entered on FLSD Docket 05/07/2020 Page 1 of 7
Haynes v. Carnival

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GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

name “CARNIVAL CRUISE LINES.” For federal jurisdictional purposes, CARNIVAL is both a 

citizen of Panama and a citizen of Florida.

4. Subject matter jurisdiction exists, based on diversity of citizenship pursuant to 28 

U.S.C. §1332; and the amount of damages claimed exceeds $75,000.00, the minimum 

jurisdictional amount required for diversity of citizenship cases. The damages alleged in 

Paragraph 12 below, including a fractured right tibial plateau, support an award of damages in 

excess of $75,000.00.

5. At all material times, the Defendant has had its principal place of business in 

Florida and has conducted ongoing substantial and not isolated business activities in MiamiDade County, Florida, creating continuous and systematic contacts with the State of Florida, 

such as operating maritime cruise vessels for paying passengers, including the Plaintiff, so that in 

personam jurisdiction exists in the United States District Court for the Southern District of 

Florida.

6. In the operative ticket contract, the Defendant requires fare paying passengers 

such as the Plaintiff to bring any lawsuit against Defendant arising out of injuries or events 

occurring on the cruise voyage in this federal judicial district. 

7. The Defendant's principal place of business is located in Miami Dade County 

Florida. Accordingly, venue is proper in this Court.

8. Plaintiff has complied with all conditions precedent to bringing this action 

including providing the Defendant a timely written notice of claim as required by the ticket 

contract, by a letter dated June 14, 2019, a copy of which is attached as Exhibit 1. In addition to 

Case 1:20-cv-21921-RNS Document 1 Entered on FLSD Docket 05/07/2020 Page 2 of 7
Haynes v. Carnival

3

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

providing its Notice of Claim, Plaintiff provided Defendant with a notice of duty to preserve 

evidence on June 14, 2019, a copy of which is attached as Exhibit 2. 

LIABILITY AND DAMAGE ALLEGATIONS COMMON TO ALL COUNTS

9. At all material times, the Defendant was engaged in the business of operating 

maritime cruise vessels for fare paying passengers and for this purpose operated, among other 

vessels, the M/S "GLORY.”

10. At all material times, the Plaintiff was a fare-paying passenger on board the M/S 

“GLORY” and in that capacity was lawfully present on board the vessel.

11. On or about May 9, 2019, while the Plaintiff was lawfully on board the M/S 

GLORY as a fare paying passenger, the Plaintiff was walking in the lobby of Deck 3, when he 

slipped on water or a wet, foreign or transitory substance and thereby fell, sustaining serious 

injuries. 

12. As a direct and proximate result of the slip and fall described above, the Plaintiff 

was injured in and about his body and extremities, suffered pain therefrom, sustained mental 

anguish, sustained disfigurement, disability, and the inability to lead a normal life. He incurred 

medical, hospital, and other out of pocket and health care expenses as a result of his injuries. He

lost earnings and will continue to lose earnings or earning capacity in the future. These damages 

are permanent or continuing in their nature and the Plaintiff will continue to sustain and incur 

these damages in the future.

Case 1:20-cv-21921-RNS Document 1 Entered on FLSD Docket 05/07/2020 Page 3 of 7
Haynes v. Carnival

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GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

COUNT I – NEGLIGENT MAINTENANCE

The Plaintiff adopts, re-alleges, and incorporates by reference the allegations of 

paragraphs 1-12 above and further alleges:

13. At all material times, the Defendant owed the Plaintiff, as a fare-paying passenger 

lawfully on board a passenger vessel it operated, a duty of reasonable care, including the duty to 

take reasonable steps to maintain the floor surface and area where Plaintiff fell in a reasonably 

safe condition, and to correct dangerous conditions of which it knew or should have known about 

in the exercise of reasonable care.

14. At all material times including the time referenced in the preceding paragraph, the 

surface of the area where the Plaintiff fell was in a high traffic area and was in a condition 

dangerous to passengers traversing the area, including the Plaintiff, due to its being wet and 

therefore slippery.

15. At all material times, the Defendant either knew or should have known of the 

dangerous wet condition in the area where the Plaintiff fell, or in the exercise of reasonable care 

should have known of the condition, because it was in a high traffic area, or due to the length of 

time it had existed, its recurring nature, or both, and Defendant accordingly owed a duty to 

Plaintiff timely to remedy the dangerous condition. 

16. Notwithstanding Defendant’s actual or constructive knowledge of the dangerous 

condition of the floor on Deck 3 in the lobby area, the Defendant failed before the time of the 

Plaintiff's fall to take reasonable measures to maintain the area in a reasonably safe manner or to 

correct its wet or slippery condition. The Defendant thereby failed to exercise reasonable care 

for the safety of its passengers including the Plaintiff and was thereby negligent.

Case 1:20-cv-21921-RNS Document 1 Entered on FLSD Docket 05/07/2020 Page 4 of 7
Haynes v. Carnival

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GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

17. The Defendant's specific negligent acts or omissions consist of one or more of the 

following:

a. Failing to maintain the floor surface in a reasonably safe condition;

b. Failing to conduct sufficiently frequent routine inspections of the area where 

Plaintiff fell for wetness, slipperiness or contaminants; 

c. Failing timely to correct the wet or slippery condition of the area where Plaintiff 

fell;

18. As a direct and proximate result of the Defendant’s negligence as described above 

the Plaintiff has sustained and continues to sustain the damages alleged in Paragraph 12 above. 

WHEREFORE, the Plaintiff demands judgment against the Defendant for compensatory 

damages and the costs of this action.

COUNT II – NEGLIGENT FAILURE TO WARN

The Plaintiff adopts, re-alleges, and incorporates by reference the allegations of 

paragraphs 1-12 above and further alleges:

19. At all material times, the Defendant owed the Plaintiff, as a fare-paying passenger 

lawfully on board a passenger vessel it operated, a duty of reasonable care, including the duty to 

take reasonable steps to warn of dangerous conditions of which it knew or should have known in 

the exercise of reasonable care.

20. At all material times, including the time referenced in the preceding paragraph, 

the surface of the area where the Plaintiff fell was in a high traffic area and was in a condition 

dangerous to passengers traversing the area, including the Plaintiff, due to its being wet and 

therefore slippery.

Case 1:20-cv-21921-RNS Document 1 Entered on FLSD Docket 05/07/2020 Page 5 of 7
Haynes v. Carnival

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GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

21. At all material times, the Defendant either knew or should have known of the 

dangerous wet condition of the area in which the Plaintiff fell, or in the exercise of reasonable 

care should have known of the condition because it was in a high traffic area, or due to the length 

of time it had existed, its recurring nature, or both, and Defendant owed a the Plaintiff a duty to 

warn her adequately of the dangerous condition. 

22. Notwithstanding Defendant’s actual or constructive knowledge of the dangerous 

condition of the floor on Deck 3 in the lobby area, the Defendant failed before the time of the 

Plaintiff's fall to take reasonable measures adequately to warn the Plaintiff through placement of 

appropriate signage or markings, orally delivered or written warnings, or otherwise. The 

Defendant thereby failed to exercise reasonable care for the safety of its passengers including the 

Plaintiff and was thereby negligent.

23. As a direct and proximate result of the Defendant’s negligence as described above 

the Plaintiff sustained and continues to sustain the damages alleged in Paragraph 12. 

WHEREFORE, the Plaintiff demands judgment against the Defendant for compensatory 

damages and the costs of this action.

DEMAND FOR JURY TRIAL

The Plaintiff hereby demands trial by jury of all issues so triable as of right.

Executed this 7

th day of May, 2020. 

s/NICHOLAS I. GERSON

NICHOLAS I. GERSON

Florida Bar No. 0020899

GERSON & SCHWARTZ, P.A.

Attorneys for Plaintiff

1980 Coral Way

Miami, FL 33145-2624

Case 1:20-cv-21921-RNS Document 1 Entered on FLSD Docket 05/07/2020 Page 6 of 7
Haynes v. Carnival

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GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

Telephone: (305) 371-6000

Facsimile: (305) 371-5749

Case 1:20-cv-21921-RNS Document 1 Entered on FLSD Docket 05/07/2020 Page 7 of 7