Colson Hicks Eidson

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case Number: 

Magistrate Judge: 

)

)

KIRSTEN QUASHEN, )

)

Plaintiffs, )

)

v. )

)

CARNIVAL CORPORATION, a Panamian )

Corporation, the owner and operator of the )

Trademark CARNIVAL CRUISE LINE. )

)

Defendant )

COMPLAINT

Plaintiff Kirsten Quashen sues Defendant Carnival Corporation, a Panamanian Corporation 

that is the owner and operator of Carnival Cruise Line, a registered Trademark, for the reasons set 

forth below. 

JURISDICTION, PARTIES & VENUE

1. This is an action for damages that exceed Seventy-Five Thousand ($75,000.00) Dollars. 

2. Jurisdiction of this Court is invoked pursuant to 28 U. S. C. § 1332 as there is complete 

diversity between the parties. 

3. At all times relevant, Plaintiff Kirsten Quashen has been a resident and citizen of the 

State of California. 

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Colson Hicks Eidson

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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4. At all times relevant, Defendant Carnival Corporation, a Panamanian corporation, has

been a foreign corporation with its principal place of business in Miami-Dade County, Florida. Its 

headquarters, all officers, and “nerve center” are located at 3655 N. W. 87th Avenue, MLGL 815, 

Miami, FL 33178. See Hertz Corp. v. Friend, 559 U. S. 77, 92-93 (2010). Defendant Carnival 

Corporation is therefore a foreign citizen and a Florida citizen for purposes of 28 U. S. C. § 1332 

diversity jurisdiction. 

5. This court has personal jurisdiction over Defendant because it is headquartered in 

Florida and conducts substantial business activities out of Miami-Dade County, Florida where this 

district is located, in one or more of the following ways:

a. Operating, conducting, engaging in or carrying on a business venture in this state 

and/or county; and/or

b. Having an office or agency in this state and/or county; and/or

c. Engaging in substantial activity within this state; and/or

d. Committing one or more of the acts stated in Florida Statutes, Sections 48. 081, 48. 

181 or 48. 193. 

6. Under 28 U. S. C. § 1391, venue is proper in the United States District Court for the 

Southern District of Florida. 

7. At all times relevant, Carnival Corporation has been the owner of “Carnival Cruise 

Line,” a Trademark registered with the State of Florida under Document Number T17000000819, 

to operate passenger cruise ships and numerous specifically identified activities incidental to or in 

furtherance of such operation. 

8. At all times relevant, Carnival Cruise Line, the Trademark owned by Carnival 

Corporation, has been the registered owner and operator of the passenger cruise ship, Carnival 

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Colson Hicks Eidson

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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Inspiration, which is flagged out of the Bahamas. Thus, at all times relevant Defendant Carnival 

Corporation owned and/or operated the cruise ship on which the subject tort occurred. 

9. At all times relevant, Defendant Carnival was the employer of certain healthcare 

providers, including but not limited to “Dr. Martin, Forrest”1and Nurse Honey Babu, who 

provided medical care to the ship’s crew and passengers aboard the Carnival Inspiration. 

10. At all times relevant, Carnival Corporation acted through its employees, agents, 

apparent agents, servants, officers, or representatives – including but not limited to those responsible 

for designing, purchasing, inspecting, and maintaining the staterooms and particularly the closing 

mechanisms at issue, and for creating and enforcing policies and procedures related to same; their 

Marine procurement team; Nurse Honey Babu; and “Dr. Martin, Forrest” – who were acting within 

the course of their employment, agency, apparent agency, servitude, office, or representative capacity, 

or under Carnival Corporation's control, and in furtherance of its interests, thereby making Defendant 

Carnival Corporation vicariously liable for their acts or omissions. 

11. Carnival Corporation, Inc. and its registered trademark, Carnival Cruise Line, will be 

referred to as “Carnival” throughout this complaint. 

12. The claim is one for negligence, brought at law and in personam, and includes claims 

under general maritime law. See, e. g., Am. Ins. Co. v. 365 Bales of Cotton, 26 U. S. 511, 545-

46 (1828). 

13. All conditions precedent to bringing this action have been performed, waived, or 

otherwise satisfied. 

 

1 The medical records provided read “Dr. Martin, Forrest” so it is presumed the correct individual

is “Dr. Martin” whose first name is “Forrest,” although it may be “Dr. Martin Forrest. ” As such, 

Plaintiff alleges the name both ways for clarity and in an abundance of caution. To be consistent 

with the records, Plaintiff will use “Dr. Martin” to refer to “Dr. Martin, Forrest” throughout. 

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Colson Hicks Eidson

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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FACTS COMMON TO ALL COUNTS

The Incident in Question

14. On or about June 3, 2019, Plaintiff Kirsten Quashen was a passenger on Carnival 

Inspiration, which had set sail out of Los Angeles (Long Beach), California. See Carnival Cruise 

Ticket attached hereto as Exhibit A. 

15. At all times relevant, Plaintiff Quashen was a passenger on the subject cruise ship and 

therefore a business invitee while on the vessel. 

16. On that date, at approximately 7:00 p. m., Ms. Quashen was severely injured when she 

was re-entering cabin u-107 from the balcony. Ms. Quashen had her left hand on the door jam, 

bracing herself as she carefully stepped over the threshold, when the door unexpectedly slammed 

shut on her hand and severed her finger. 

17. The hydraulic closing mechanism failed to prevent the door from closing rapidly and

severing her finger. 

18. Ms. Quashen was taken to the ship’s infirmary immediately after being injured. Her 

hand was bandaged by a nurse without the doctor evaluating it. Rather, the records document the 

physician relied on the nurse’s report of a “crush” injury to the finger. 

19. When security who was waiting to take Ms. Quashen back to her cabin saw the missing 

finger and learned she had been bandaged but not seen, they went into the infirmary and insisted 

the doctor evaluate it. The physician whose name appears on the ship’s infirmary records is “Dr. 

Martin, Forrest” and Plaintiff relies upon this statement by Defendant in naming Dr. Martin as its 

agent. 

20. The nurse, who is identified in the records as Nurse Honey Babu, called Ms. Quashen 

back to the exam room and returned her severed finger to her in a jar. Dr. Martin advised Ms. 

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Colson Hicks Eidson

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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Quashen she “may have a fracture.” No x-rays were taken despite the availability of an x-ray 

machine. 

21. The ship’s physician did not, as he should have done, immediately transfer Ms. 

Quashen to a shoreside hospital given the time sensitive nature of re-attaching a digit. Rather, she 

was told the doctor would initiate paperwork that was required to disembark her the following day 

at the next port of call. 

22. On June 4th, after being disembarked with her finger in a jar, Ms. Quashen had to wait 

for the first available ferry to take her back to Long Beach, California, which delayed hospitalbased and surgical treatment of her finger for approximately 24 hours. By that time, the amputated 

finger was not salvageable. 

23. Ms. Quashen has since undergone significant care for her hand, including surgery. 

Her finger could not be re-attached and she has a permanent deformity that has caused and 

continues to cause loss of function and significant emotional distress. 

24. These injuries and losses are permanent and continuing in nature. 

25. On August 1, 2019, Ms. Quashen notified Defendant in writing of the full particulars 

of the claim. 

The Ship

26. Before the incident in question, Carnival custom built the Carnival Inspiration, and all 

Fantasy-class Carnival cruise ships, in a shipyard in Finland. Carnival had the Carnival 

Inspiration custom built to specifications and designs which were made by or under the 

supervision and participation of Carnival. Carnival Inspiration was designed by or at the direction 

of Carnival’s shoreside New Build and other shoreside departments. Carnival employs architects, 

naval designers, and marine engineers. 

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Colson Hicks Eidson

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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27. The Carnival Inspiration is a part of the Fantasy Class which includes the Carnival 

Spirit, Carnival Fantasy, Carnival Imagination, Carnival Sensation, Carnival Fascination, 

Carnival Elation, Carnival Ecstasy and Carnival Paradise. Carnival has operated and maintained 

the other ships in Fantasy class, listed above, continuously since the time when each of those ships 

were first built and put into service. 

28. Carnival also custom built to specifications and designs which were made by or under 

the supervision and participation of Carnival all of the Fantasy class ships, listed above. The 

design and construction of these ships was under the supervision and with the participation of 

Carnival personnel who were stationed on-site in the shipyard during construction. This included 

the types of doors and door-closing mechanism chosen and installed on the cabin balconies of the 

Fantasy class ships, including Carnival Inspiration. 

29. The Carnival Inspiration was delivered to Carnival as finished in February 1996 and 

took her maiden voyage in March 1996. Carnival has operated and maintained the ship 

continuously since that time. 

30. Carnival has been responsible for regularly checking, inspecting, and replacing (when 

necessary or preventatively) the closing mechanisms on all its doors, specifically those doors 

leading from passenger cabins to their balconies, so that they will be safe for and not pose 

unreasonable risk to the passengers. 

31. The Defendant knew or should have known that the closing mechanisms on the balcony 

doors of passenger cabins must be set to control the rate at which the doors closed so that a person, 

whether passenger or crewmember, could not get their hand slammed in a door with such force, 

weight and momentum as to sever a digit. Defendant should have ensured the closing mechanisms

were properly controlled and in working order.

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Colson Hicks Eidson

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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32. The Defendant knew or should have known that the closing mechanisms on the 

balcony doors of passenger cabins must be maintained in working order such that they 

continuously controlled the rate at which the doors closed so that a person, whether passenger or 

crewmember, could not get their hand slammed in a door with such force, weight and momentum 

as to sever a digit. Defendant should have ensured the closing mechanisms were maintained in 

safe working order.

33. The Defendant knew or should have known that, to ensure the closing mechanisms on 

the balcony doors of passenger cabins did not pose an unreasonable risk to the passengers or 

crewmembers, they must be inspected regularly to ensure they remain in safe working order. 

34. Defendant had actual knowledge of the dangerous condition and/or had constructive 

knowledge of the dangerous condition because it was created by improper adjustment to the

closing mechanism, or by wear and tear over time, and should have been discovered and remedied 

before Plaintiff Kirsten Quashen came into contact with it and suffered the traumatic severing of

her finger. 

35. Carnival had constructive knowledge of the dangerous condition by, among other things,

(a) the length of time the dangerous condition existed; (b) the nature of the dangerous condition—

including that the condition (closing mechanism) did not slow or prevent the balcony door from closing 

rapidly, forcefully, and without warning, thus posing the risk that individuals would get trapped 

between the door and the frame on Carnival Inspiration—was unreasonably dangerous in violation 

of industry standards, regulations, and codes, and was apparent to any of Carnival’s personnel cleaning, 

inspecting or maintaining the cabin, but not readily apparent to Kirsten Quashen; and/or (c) the fact

that the closing mechanism, when exposed to a Marine Environment (whether installed on the outside 

or inside of the door), can rust and must therefore be inspected regularly to ensure ongoing 

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Colson Hicks Eidson

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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adequate and safe performance; and/or (d) the fact that the dangerous condition, a similar dangerous

condition, or the cause of the dangerous condition was repetitive, continuous, ongoing, recurring, or 

occurring with some regularity. Thus the dangerous condition was reasonably foreseeable and in the

exercise of reasonable care the Defendant should have discovered it and/or known aboutit. 

36. In the alternative, Defendant created the dangerous condition through its active 

negligence and so notice is not required.

COUNT I

CLAIM FOR NEGLIGENT FAILURE TO MAINTAIN

37. Plaintiffs adopts and re-alleges paragraphs one through thirty-six (1-36) as if fully set 

forth herein. 

38. Defendant Carnival owes a “duty to exercise reasonable care for the safety of its 

passengers,” including Kirsten Quashen. See Hall v. Carnival, 2004 WL 1621209 (Fla. 3d DCA 

2004). The Defendant also owes a “duty to exercise reasonable care under the circumstances. See 

Harnesk v. Carnival Cruise Lines, Inc., 1991 WL 329584 (S. D. Fla. 1991). 

39. Defendant Carnival, by and through its agents, apparent agents, employees, servants, 

representatives, and contractors, had undertaken a duty to provide Kirsten Quashen with a safe 

ship, reasonably fit for its intended purpose, that did not pose her any unreasonable risk of harm. 

That includes the duty to maintain the ship, specifically including the closing mechanisms on cabin 

balcony doors, in safe working order so that they did not pose or expose Ms. Quashen to 

unreasonable risk. 

40. Carnival owes a duty as a common carrier to its passengers to maintain the ship, 

including the cabins and specifically doors leading onto and off the balconies of cabins, in a safe 

condition. Carnival owes a duty of reasonable care under the circumstances, which are that 

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Colson Hicks Eidson

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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Carnival owns and/or manages more than twenty (20) cruise ships, including the Carnival 

Inspiration, that regularly operate in and are exposed to the elements of a marine environment. 

Carnival should know of the need to provide marine grade hardware on its doors, and to regularly 

inspect, repair, maintain, and replace them so that despite exposure to marine elements they are 

always in safe working order. It also should know that they must be set to safe closing speeds and 

regularly inspected, repaired, maintained, and replaced to ensure that they are in fact operating at 

safe closing speeds so as to not to pose unreasonable risk of harm to passengers, including Kirsten 

Quashen. 

41. Carnival also should have known that in a marine environment at sea, gusts of wind 

can suddenly provide significant force that, in the absence of a properly installed, set, and working 

closing mechanism, can cause a balcony door to slam shut quickly and without warning to an 

unsuspecting and unfamiliar passenger to whom this risk is not readily apparent, thus posing the 

unreasonable risk of harm to that passenger when safety mechanisms are not in place and in 

working order. 

42. In the alternative, notice to the Defendant is not required because the Defendant (a)

engaged in and was guilty of negligent maintenance; and/or (b) through its own acts and/or omissions 

the Defendant caused the dangerous conditions to come about or exacerbated the dangerous 

conditions. Therefore, no notice to the Defendant is required. 

43. Carnival at all relevant times was under a legal duty to comply with mandatory 

international vessel safety regulations that are promulgated by the International Maritime 

Organization (IMO) under authority expressly conferred by the U. S. Senate-ratified international 

Safety of Life at Sea (SOLAS) treaty. 

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Colson Hicks Eidson

255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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44. Carnival at all relevant times was under a legal duty to comply with industry safety 

standards that are promulgated by the International Maritime Organization (IMO), the U. S. Coast 

Guard, the U. S. Access Board, and the American Society for Testing and Materials (ASTM) 

International. 

45. Notwithstanding the duties owed and/or undertaken by Defendant, it breached its duty 

to Plaintiff Kirsten Quashen to maintain the ship, including the balcony doors of the Carnival 

Inspiration, in a safe condition including through one or more of the following ways: 

a. By negligently and carelessly failing to use reasonable care;

b. By negligently and carelessly failing to require, as part of the design of its ship,

hardware on the balcony doors that would prevent them from slamming and 

injuring passengers;

c. By negligently and carelessly failing to require, as part of the design of its ship,

hardware on the balcony doors that would stand up to the harsh marine environment 

and prevent them from slamming and injuring passengers;

d. By negligently and carelessly failing to require, as part of the design of its ship, 

safety mechanisms on the balcony doors that would prevent them from slamming 

and injuring passengers;

e. By negligently and carelessly failing to perform appropriate physical examinations 

and inspections at the time of installation of the hardware on the balcony doors to 

ensure the hardware would prevent the balcony doors from slamming and injuring 

passengers;

f. By negligently and carelessly failing to perform appropriate physical examinations 

and inspections after installation of the hardware on the balcony doors to ensure 

the hardware remained in a suitable and safe condition to prevent the balcony doors

from slamming and injuring passengers;

g. By negligently and carelessly failing to create appropriate protocols and procedures 

to require physical examinations and inspections after installation of the hardware 

on the balcony doors to ensure the hardware remained in a suitable and safe 

condition to prevent the balcony doors from slamming and injuring passengers;

h. By negligently and carelessly failing to implement appropriate protocols and 

procedures to require physical examinations and inspections after installation of 

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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the hardware on the balcony doors to ensure the hardware remained in a suitable 

and safe condition to prevent the balcony doors from slamming and injuring 

passengers;

i. By negligently and carelessly failing to enforce appropriate protocols and 

procedures to require physical examinations and inspections after installation of 

the hardware on the balcony doors to ensure the hardware remained in a suitable 

and safe condition to prevent the balcony doors from slamming and injuring 

passengers;

j. By negligently and carelessly failing to discover the malfunctioning hardware on 

the balcony door before it injured Ms. Quashen;

k. By negligently and carelessly failing to replace the malfunctioning hardware on the 

balcony door before it injured Ms. Quashen;

l. By negligently and carelessly failing to report the malfunctioning hardware on the 

balcony door to maintenance or another division that would have replaced it with 

a safe closing mechanism before it injured Ms. Quashen; and

m. By negligently and carelessly failing to replace the hardware on the balcony doors 

at regular intervals to prevent them from deteriorating to the point they were in an

unsuitable and unsafe condition that would not prevent the balcony doors from 

slamming and injuring passengers;

46. Carnival also failed to comply with comply with applicable industry standards, statutes, 

and/or regulations, which invokes the Pennsylvania Rule, and shifts the burden of proof to the 

Defendant in the proof of negligence or proof of the absence of negligence. Carnival’s violation 

of applicable and mandatory safety regulations and standards constitutes negligence per se. 

47. Carnival’s failure to maintain the ship, including the balcony doors of the Carnival 

Inspiration, in a safe condition proximately caused or substantially contributed to causing Kirsten 

Quashen’s injuries. Had Carnival properly maintained the ship, including the balcony doors of the 

Carnival Inspiration, in a safe condition, Kirsten Quashen would not have had her hand slammed 

in the balcony door and would not have had her finger severed on June 3, 2019. 

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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48. Carnival’s negligence proximately caused permanent injuries and damages to Kirsten 

Quashen in the past, and will continue to do so in the future. Ms. Quashen has in the past suffered 

and will in the future continue to suffer bodily injury, pain and suffering, disability, disfigurement, 

mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, rehabilitation, 

medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and 

aggravation of a pre-existing condition. Her special damages include but are not limited to the lost 

value of home-modifications for a spa business that she can no longer operate due to the injury. These 

losses are permanent and continuing in nature and Kirsten Quashen will continue to suffer these losses 

in the future. 

WHEREFORE, Plaintiff, Kirsten Quashen, demands Judgment against Carnival for damages 

recoverable under the general maritime law and state law including but not limited to compensatory 

damages, costs of this action, post-judgment interest, and further demands trial by jury of all issues 

so triable as a matter of right, and such further relief as this Court deems just and proper. 

COUNT 2

CLAIM FOR NEGLIGENT FAILURE TO MAINTAIN

49. Plaintiffs adopts and re-alleges paragraphs one through thirty-six (1-36) as if fully set 

forth herein. 

50. Defendant Carnival owes a “duty to exercise reasonable care for the safety of its 

passengers,” including Kirsten Quashen. See Hall v. Carnival, 2004 WL 1621209 (Fla. 3d DCA 

2004). The Defendant also owes a “duty to exercise reasonable care under the circumstances.” See 

Harnesk v. Carnival Cruise Lines, Inc., 1991 WL 329584 (S. D. Fla. 1991). 

51. In addition, the Defendant’s “duty is to warn of dangers known to the carrier in places 

where the passenger is invited to or may reasonably be expected to visit.” See Vierling v. Celebrity 

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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Cruises, Inc, 339 F. 3d 1309 (11th Cir. 2003) (“Courts sitting in admiralty have long recognized an 

obligation on the part of a carrier to furnish its passengers with a reasonably safe means of boarding 

and leaving the vessel, that this obligation is non-delegable, and that even the slightest negligence 

renders a carrier liable.”); Carlisle v. Ulysses Line Limited, 475 So. 2d 248 (Fla. 3d DCA 1985). 

52. Defendant Carnival owes a duty as a common carrier to its passengers to warn of 

dangers known to Carnival where Carnival invites or reasonably should expect passengers to go, 

including any balconies to which they could be expected to have access. As a result, Carnival’s 

duty of care included warning Ms. Quashen and anyone who might come into contact with the 

subject balcony door of the dangerous posed by its closing mechanism on June 3, 2019. 

53. The unreasonably unsafe condition existed for a sufficient length of time that 

Defendant knew, or in the exercise of ordinary care should have known, of its existence and warned 

everyone in the zone of risk. 

54. In the alternative, Defendant created the dangerous conditions itself or actually knew 

of it yet failed to repair it or warn about it, and thus notice is not required. 

55. Moreover, Carnival at all relevant times was under a legal duty to comply with 

mandatory international vessel safety regulations that are promulgated by the International 

Maritime Organization (IMO) under authority expressly conferred by the U. S. Senate-ratified 

international Safety of Life at Sea (SOLAS) treaty. 

56. Carnival at all relevant times was under a legal duty to comply with industry safety 

standards that are promulgated by the International Maritime Organization (IMO), the U. S. Coast 

Guard, the U. S. Access Board, and the American Society for Testing and Materials (ASTM) 

International. 

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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57. Notwithstanding the duties owed and/or undertaken by Defendant, it breached its duty 

to Plaintiff Kirsten Quashen to warn of the dangers posed by the closing mechanism on the balcony door,

including through one or more of the following ways: 

a. By negligently and carelessly failing to use reasonable care in warning passengers 

of dangers that would not be obvious to passengers before they were exposed;

b. By negligently and carelessly failing to place signs, stickers, tape, or other visual 

or written notices on or near the dangerous condition on board the Carnival

Inspiration so that passengers would know to avoid the hazard while it was pending 

replacement and repair; and

c. By negligently and carelessly failing to verbally warn the occupants of the cabin of

the dangerous condition on board the Carnival Inspiration so that passengers who 

had access to it would know to avoid the hazard while it was pending replacement 

and repair. 

58. Carnival also failed to comply with comply with applicable industry standards, statutes, 

and/or regulations, which invokes the Pennsylvania Rule, and shifts the burden of proof to the 

Defendant in the proof of negligence or proof of the absence of negligence. Carnival’s violation 

of applicable and mandatory safety regulations and standards constitutes negligence per se. 

59. Carnival’s failure to warn Kirsten Quashen of the dangerous condition proximately caused or 

substantially contributed to causing Kirsten Quashen’s injuries. Had Carnival properly warned 

Ms. Quashen of the hazards posted by the balcony door, she would have been aware of the 

dangerous condition and could have protected herself from coming into contact with the dangerous 

door, or at least from having any portion of her body between the door and the frame on June 3, 

2019. 

60. Carnival’s negligence proximately caused permanent injuries and damages to Kirsten 

Quashen in the past, and will continue to do so in the future. Ms. Quashen has in the past suffered 

and will in the future continue to suffer bodily injury, pain and suffering, disability, disfigurement, 

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, rehabilitation, 

medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and 

aggravation of a pre-existing condition. Her special damages include but are not limited to the lost 

value of home-modifications for a spa business that she can no longer operate due to the injury. These 

losses are permanent and continuing in nature and Kirsten Quashen will continue to suffer these losses 

in the future. 

WHEREFORE, Plaintiff, Kirsten Quashen, demands Judgment against Carnival for damages 

recoverable under the general maritime law and state law including but not limited to compensatory 

damages, costs of this action, post-judgment interest, and further demands trial by jury of all issues 

so triable as a matter of right, and such further relief as this Court deems just and proper. 

COUNT 3

CLAIM FOR NEGLIGENT TRAINING AND SUPERVISION OF PERSONNEL

61. Plaintiffs adopts and re-alleges paragraphs one through thirty-six (1-36) as if fully set 

forth herein. 

62. Defendant Carnival owes a “duty to exercise reasonable care for the safety of its 

passengers,” including Kirsten Quashen. See Hall v. Carnival, 2004 WL 1621209 (Fla. 3d DCA 

2004). The Defendant also owes a “duty to exercise reasonable care under the circumstances.” See 

Harnesk v. Carnival Cruise Lines, Inc. 1991 WL 329584 (S. D. Fla. 1991). 

63. Defendant Carnival owes a duty as a common carrier to its passengers to properly and 

adequately train its crewmembers to purchase, install, examine, inspect, report malfunctions of, 

and replace malfunctioning or defective safety equipment onboard, including but not limited to the 

closing mechanisms that control speed on the balcony doors with which any passenger might 

reasonably expect to come into contact. 

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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64. Defendant Carnival owes a duty as a common carrier to its passengers to properly and 

adequately supervise its crewmembers to ensure that they purchase, install, examine, inspect, 

report malfunctions of, and replace malfunctioning or defective safety equipment onboard, 

including but not limited to the closing mechanisms that control speed on the balcony doors with 

which any passenger might reasonably expect to come into contact. 

65. Moreover, Carnival at all relevant times was under a legal duty to comply with 

mandatory international vessel safety regulations that are promulgated by the International 

Maritime Organization (IMO) under authority expressly conferred by the U. S. Senate-ratified 

international Safety of Life at Sea (SOLAS) treaty. 

66. Carnival at all relevant times was under a legal duty to comply with industry safety 

standards that are promulgated by the International Maritime Organization (IMO), the U. S. Coast 

Guard, the U. S. Access Board, and the American Society for Testing and Materials (ASTM) 

International. 

67. Notwithstanding the duties owed and/or undertaken by Defendant, it breached its duty 

to Plaintiff Kirsten Quashen to properly and adequately train and supervise its personnel as it relates to the 

dangers posed by the closing mechanism on balcony doors, including through one or more of the following 

ways: 

a. By negligently and carelessly failing to use reasonable care in training its personnel 

regarding hazards posed by faulty or nonfunctioning closing mechanisms on 

balcony doors;

b. By negligently and carelessly failing to use reasonable care in supervising its 

personnel regarding hazards posed by faulty or nonfunctioning closing 

mechanisms on balcony doors

c. By negligently and carelessly failing to properly and adequately train its 

crewmembers to purchase marine-grade products for installation and replacement 

of safety equipment such as closing mechanisms on balcony doors onboard;

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d. By negligently and carelessly failing to properly and adequately supervise its 

crewmembers to ensure they purchased marine-grade products for installation and 

replacement of safety equipment such as closing mechanisms on balcony doors 

onboard;

e. By negligently and carelessly failing to properly and adequately train its 

crewmembers to install marine-grade safety equipment such as closing 

mechanisms on balcony doors onboard;

f. By negligently and carelessly failing to properly and adequately supervise its 

crewmembers to ensure they installed marine-grade safety equipment such as 

closing mechanisms on balcony doors onboard;

g. By negligently and carelessly failing to properly and adequately train its 

crewmembers to regularly and routinely examine safety equipment such as closing 

mechanisms on balcony doors onboard;

h. By negligently and carelessly failing to properly and adequately supervise its 

crewmembers to ensure they regularly and routinely examined safety equipment 

such as closing mechanisms on balcony doors onboard;

i. By negligently and carelessly failing to properly and adequately train its 

crewmembers to regularly and routinely inspect safety equipment such as closing 

mechanisms on balcony doors onboard;

j. By negligently and carelessly failing to properly and adequately supervise its 

crewmembers to ensure they regularly and routinely inspected safety equipment 

such as closing mechanisms on balcony doors onboard;

k. By negligently and carelessly failing to properly and adequately train its 

crewmembers to regularly and routinely report malfunctions or disrepair of safety 

equipment such as closing mechanisms on balcony doors onboard to the 

department or division in charge of repairing such safety equipment;

l. By negligently and carelessly failing to properly and adequately supervising its 

crewmembers to ensure they regularly and routinely reported malfunctions or 

disrepair of safety equipment such as closing mechanisms on balcony doors 

onboard to the department or division in charge of repairing such safety equipment;

m. By negligently and carelessly failing to properly and adequately train its 

crewmembers to regularly and routinely replace safety equipment such as closing 

mechanisms on balcony doors onboard to the department or division when they 

were reported as malfunctioning or in disrepair;

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

18

n. By negligently and carelessly failing to properly and adequately supervise its 

crewmembers to ensure they regularly and routinely replaced safety equipment 

such as closing mechanisms on balcony doors onboard to the department or 

division when they were reported as malfunctioning or in disrepair;

o. By negligently and carelessly failing to properly and adequately train its 

crewmembers to regularly and routinely replace safety equipment such as closing 

mechanisms on balcony doors onboard to the department or division at intervals 

sufficient to prevent them from falling into disrepair;

p. By negligently and carelessly failing to properly and adequately supervise its 

crewmembers to ensure they regularly and routinely replaced safety equipment 

such as closing mechanisms on balcony doors onboard to the department or 

division at intervals sufficient to prevent them from falling into disrepair

q. By negligently and carelessly failing to train its crewmembers to place visual 

warnings so that passengers who had access to the cabin with the dangerous

condition on board the Carnival Inspiration would know to avoid the hazard while 

it was pending replacement and repair; 

r. By negligently and carelessly failing to supervise its crewmembers to ensure they 

placed visual warnings so that passengers who had access to the cabin with the 

dangerous condition on board the Carnival Inspiration would know to avoid the 

hazard while it was pending replacement and repair;

s. By negligently and carelessly failing to train its crewmembers to verbally warn 

passengers who had access to the cabin with the dangerous condition on board the

Carnival Inspiration so that they would know to avoid the hazard while it was 

pending replacement and repair; and

t. By negligently and carelessly failing to supervise its crewmembers to ensure they

verbally warned passengers who had access to the cabin with the dangerous

condition on board the Carnival Inspiration so that they would know to avoid the 

hazard while it was pending replacement and repair. 

68. Carnival also failed to comply with comply with applicable industry standards, statutes, 

and/or regulations, which invokes the Pennsylvania Rule, and shifts the burden of proof to the 

Defendant in the proof of negligence or proof of the absence of negligence. Carnival’s violation 

of applicable and mandatory safety regulations and standards constitutes negligence per se. 

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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69. Carnival’s failure to properly and adequately train and supervise its personnel in the manners 

described above proximately caused or substantially contributed to causing Kirsten Quashen’s 

injuries. Had Carnival properly and adequately trained and/or supervised its personnel in the manner 

described above, Ms. Quashen would not have come in contact with the dangerous balcony door 

on June 3, 2019. 

70. Carnival’s negligence proximately caused permanent injuries and damages to Kirsten 

Quashen in the past, and will continue to do so in the future. Ms. Quashen has in the past suffered 

and will in the future continue to suffer bodily injury, pain and suffering, disability, disfigurement, 

mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, rehabilitation, 

medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and 

aggravation of a pre-existing condition. Her special damages include but are not limited to the lost 

value of home-modifications for a spa business that she can no longer operate due to the injury. These 

losses are permanent and continuing in nature and Kirsten Quashen will continue to suffer these losses 

in the future. 

WHEREFORE, Plaintiff, Kirsten Quashen, demands Judgment against Carnival for damages 

recoverable under the general maritime law and state law including but not limited to compensatory 

damages, costs of this action, post-judgment interest, and further demands trial by jury of all issues 

so triable as a matter of right, and such further relief as this Court deems just and proper. 

COUNT 4

CLAIM FOR NEGLIGENT MEDICAL CARE AND 

TREATMENT BY EMPLOYEES OR ACTUAL AGENTS

71. Plaintiffs adopts and re-alleges paragraphs one through thirty-six (1-36) as if fully set 

forth herein. 

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72. The Defendant owed a duty to Kirsten Quashen to provide prompt and appropriate 

medical care upon her presentation to the ship’s infirmary on June 3, 2019 and thereafter up until 

she was disembarked and no longer under the care of Carnival’s medical personnel. 

73. Carnival, through its employees or direct agents, undertook a duty to provide proper 

care to Kirsten Quashen with that level of care, skill, and treatment that is recognized as acceptable 

and appropriate by reasonably prudent similar health care providers. 

74. Notwithstanding the duty undertaken by Defendant, it breached its duty to Plaintiff 

Kirsten Quashen by engaging in the following acts or omissions, all of which deviated from and 

fell below the accepted standards of medical care and treatment:

a. By negligently and carelessly failing to properly assess the condition of Kirsten 

Quashen;

b. By negligently and carelessly failing to timely diagnose and appropriately treat 

Kirsten Quashen;

c. By negligently and carelessly failing to provide proper care to Kirsten Quashen in 

that her health care providers did not meet the level of care, skill and treatment that 

is recognized as acceptable and appropriate by reasonably prudent similar health 

care providers;

d. By negligently and carelessly failing to possess the requisite knowledge 

appropriate to practice critical care or emergent care;

e. By negligently and carelessly failing to possess the requisite knowledge regarding 

appropriate measures to take in connection with Kirsten Quashen’s care;

f. By negligently and carelessly failing to perform appropriate physical examinations 

or diagnostic tests, or to order that such examinations or tests be performed;

g. By negligently and carelessly failing to take action to timely evacuate Kirsten 

Quashen when it was medically inappropriate to fail to take action and at a time 

when it jeopardized the health, safety, and body of Kirsten Quashen;

h. By negligently and carelessly failing to follow appropriate guidelines emergent 

surgical consult for someone who has suffered an amputation;

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

21

i. By negligently and carelessly failing to adequately warn Kirsten Quashen of the 

emergent need for surgical consult to address her condition;

j. By negligently and carelessly failing to examine and/or monitor Kirsten Quashen 

so ensure her finger would not be medically compromised;

k. By negligently and carelessly failing to provide adequate care to Kirsten Quashen;

l. By negligently and carelessly failing to use reasonable care in the provision of 

medical care to Kirsten Quashen;

m. By negligently and carelessly failing to evacuate Ms. Quashen to an emergency 

transport vessel or aircraft in sufficient time to save her finger so that it could be 

reattached;

n. By negligently and carelessly failing to request consultation with appropriate 

medical specialists shoreside, including by telemedicine, who would have 

prescribed, ordered, and/or recommended Ms. Quashen be disembarked to an 

emergency transport vessel or aircraft in sufficient time to save her finger so that it 

could be reattached;

o. By negligently and carelessly failing to properly diagnose, treat, and care for 

Kirsten Quashen; and

p. By negligently and carelessly failing to invoke the chain of command to secure 

appropriate, safe, and reasonable medical care for Kirsten Quashen, so as to prevent 

the delay in disembarkation that resulted in the lost opportunity to reattach Ms. 

Quashen’s finger. 

75. Carnival acknowledged through its hiring and holding out of its medical personnel, 

including “Dr. Martin, Forrest” and all nurses, that they acted for Carnival while administering 

care to Carnival Inspiration passengers aboard Carnival Inspiration. Dr. Martin and Nurse Honey 

Babu manifested the acceptance of that undertaking by providing care to Carnival’s passengers, in

Carnival’s medical center, onboard Carnival’s vessel, and Carnival controlled or had the right to 

control the medical personnel’s actions, including but not limited to responding to or vetoing a 

request for emergency evacuation of a patient for medical reasons. 

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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76. Carnival directly paid the medical personnel for their work in the ship’s medical 

center. 

77. The medical center was designed, created, owned, operated, and maintained by 

Carnival. 

78. Carnival had the right to fire its medical personnel, including “Dr. Martin, Forrest” and 

Nurse Honey Babu. 

79. As a direct and proximate result of “Dr. Martin, Forrest’s” acts or omissions set forth 

above, Kirsten Quashen has in the past suffered and will in the future continue to suffer bodily injury, 

pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of 

life, expense of hospitalization, rehabilitation, medical and nursing care and treatment, loss of 

earnings, loss of ability to earn money, and aggravation of a pre-existing condition. Her special 

damages include but are not limited to the lost value of home-modifications for a spa business that 

she can no longer operate due to the injury. These losses are permanent and continuing in nature and 

Kirsten Quashen will continue to suffer these losses in the future. 

WHEREFORE, Plaintiff, Kirsten Quashen, demands Judgment against Carnival for damages 

recoverable under the general maritime law and state law including but not limited to compensatory 

damages, costs of this action, post-judgment interest, and further demands trial by jury of all issues 

so triable as a matter of right, and such further relief as this Court deems just and proper. 

COUNT 5

NEGLIGENCE FOR VICARIOUS LIABILITY BASED UPON APPARENT AGENCY

80. Plaintiff Kirsten Quashen adopts and paragraphs one through thirty-six (1-36) asif fully 

set forth herein. 

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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81. The Defendant owed a duty to Kirsten Quashen to provide prompt and appropriate 

medical care upon her presentation to the ship’s infirmary on June 3, 2019 and thereafter up until 

she was disembarked and no longer under the care of Carnival’s medical personnel. 

82. Carnival, through its employees or direct agents, undertook a duty to provide proper 

care to Kirsten Quashen with that level of care, skill, and treatment that is recognized as acceptable 

and appropriate by reasonably prudent similar health care providers. 

83. Notwithstanding the duty undertaken by Defendant, it breached its duty to Plaintiff 

Kirsten Quashen by engaging in the following acts or omissions, all of which deviated from and 

fell below the accepted standards of medical care and treatment:

a. By negligently and carelessly failing to properly assess the condition of Kirsten 

Quashen;

b. By negligently and carelessly failing to timely diagnose and appropriately treat 

Kirsten Quashen;

c. By negligently and carelessly failing to provide proper care to Kirsten Quashen in 

that her health care providers did not meet the level of care, skill and treatment that 

is recognized as acceptable and appropriate by reasonably prudent similar health 

care providers;

d. By negligently and carelessly failing to possess the requisite knowledge 

appropriate to practice critical care or emergent care;

e. By negligently and carelessly failing to possess the requisite knowledge regarding 

appropriate measures to take in connection with Kirsten Quashen’s care;

f. By negligently and carelessly failing to perform appropriate physical examinations 

or diagnostic tests, or to order that such examinations or tests be performed;

g. By negligently and carelessly failing to take action to timely evacuate Kirsten 

Quashen when it was medically inappropriate to fail to take action and at a time 

when it jeopardized the health, safety, and body of Kirsten Quashen;

h. By negligently and carelessly failing to follow appropriate guidelines emergent 

surgical consult for someone who has suffered an amputation;

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

24

i. By negligently and carelessly failing to adequately warn Kirsten Quashen of the 

emergent need for surgical consult to address her condition;

j. By negligently and carelessly failing to examine and/or monitor Kirsten Quashen 

so ensure her finger would not be medically compromised;

k. By negligently and carelessly failing to provide adequate care to Kirsten Quashen;

l. By negligently and carelessly failing to use reasonable care in the provision of 

medical care to Kirsten Quashen;

m. By negligently and carelessly failing to evacuate Ms. Quashen to an emergency 

transport vessel or aircraft in sufficient time to save her finger so that it could be 

reattached;

n. By negligently and carelessly failing to request consultation with appropriate 

medical specialists shoreside, including by telemedicine, who would have 

prescribed, ordered, and/or recommended Ms. Quashen be disembarked to an 

emergency transport vessel or aircraft in sufficient time to save her finger so that it 

could be reattached;

o. By negligently and carelessly failing to properly diagnose, treat, and care for 

Kirsten Quashen; and

p. By negligently and carelessly failing to invoke the chain of command to secure 

appropriate, safe, and reasonable medical care for Kirsten Quashen, so as to prevent 

the delay in disembarkation that resulted in the lost opportunity to reattach Ms. 

Quashen’s finger. 

84. At all times relevant, Defendant Carnival held out its medical staff, including its doctors 

and nurses, as its apparent agents who work in Carnival’s “medical centers” on the vessel. The 

Defendant, Carnival, promotes its medical staff and represents them as being their apparent agents 

through brochures, internet advertising, and communications to passengers on the vessel. Carnival 

held out its staff, including Martin, M. D. and Honey Babu, R.N., as being its direct employees 

or its actual agents. 

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

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85. Carnival promotes the idea that the medical staff who work in its “medical centers” are 

its apparent agents as part of a marketing tool to induce passengers such as the Plaintiff to cruise 

on its ships. 

86. Defendant Carnival manifested to Plaintiff that its medical staff, including Nurse 

Honey Babu and “Dr. Martin, Forrest”, were acting as its apparent agents in various ways, 

including but not limited to the following:

a. The doctor and nurse both worked at what the Defendant describes in its advertising 

as its "medical centers"; 

b. That the "medical centers" are owned and operated by Carnival, which pays to 

stock the "medical centers" with all supplies, various medicines and equipment;

c. that the passenger is billed directly by Carnival through the passengers'Sail & Sign 

Card, whereas the "medical staff', including the doctor and nurse, are paid salaries 

by Carnival, to work in the "medical centers"; and

d. that Carnival has the right to hire and fire the physicians and nurses, including Dr. 

Martin. 

87. The medical staff in this case, including Dr. Martin and Honey Babu, R.N., were 

required by Carnival to wear Carnival uniforms which included name tags, and which displayed

the Carnival name and logo. 

88. Further, the cruise line holds out the ship’s physicians and medical staff as the apparent 

agents of the cruise line. The Defendant through its actions and conduct represents to its cruise 

passengers including, but not limited to the Plaintiff herein and his family, that the shipboard 

physicians and medical staff work for the benefit of the Defendant. These actions and conduct of 

the cruise-line include but are not limited to the following:

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26

a. The Defendant controls cruise line physicians attire, which includes, at times, a 

uniform with epaulettes and stripes similar to other crewmembers;

b. The Defendant cruise line offers physicians benefits including senior officer status, 

round-trip transportation from residence to the ship, uniforms, meals, private 

furnished cabins with refrigerators, telephones, computers with internet access, 

daily housekeeping services, and indemnification and healthcare;

c. The Defendant cruise line requires that the ship’s physicians sail with the ship;

d. The Defendant cruise line provides the onboard Medical Center, including all of its 

supplies, equipment, and personnel;

e. The Defendant cruise line allows and requires the ship’s physicians to operate and 

provide services out of the ship’s Medical Center which is provided by the cruise 

line and which is equipped by the cruise line;

f. The Defendant cruise line charges the services of the medical center, which 

includes services of the ship’s doctors and other medical staff and charges for the 

medical equipment and goods provided by the cruise line, to the passenger’s 

onboard Sign & Sail Account;

g. The ship’s physicians represented themselves to passengers that they are 

employees of Defendant, CARNIVAL;

h. The Defendant cruise line limits the hours and area of the ship where passengers 

can receive medical services to the ship’s Medical Center, which is staffed 

exclusively by shipboard medical personnel;

i. The Defendant publishes the Medical Center’s daily office hours in its flyer

distributed to all passengers aboard its ships;

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

27

j. The Defendant cruise line requires the shipboard physicians and medical staff to be

on call 24 hours to attend to passenger medical emergencies;

k. The Defendant cruise line requires all shipboard medical personnel to create 

medical records for the care of passengers in the shipboard electronic medical 

records system, for which each provider has a separate login, password, and access, 

and over which the Defendant cruise line maintains possession, custody, and 

exclusive control once they are created. 

89. The ship’s physician is considered to be an Officer on board the vessel and a member 

of the crew, and was introduced to the passengers as one of the ship's Officers. 

90. Both the ship's doctor and the nurses were held out to the passengers by CARNIVAL

as members of the ship's crew. 

91. The Defendant put the ship's physician and nurse under the command of the ship's 

superior officers, including the Master of the ship. 

92. The cruise line represents to immigration authorities that the physician and nurse are 

members of the ship's crew. 

93. Both the ship's doctor and nurses are permitted to eat with the ship's crew and to use 

the exercise facilities that are designated for the ship’s crew. 

94. The ship's physician and nurse provide services in the ship's "medical centers" and the 

Plaintiff had no alternative to going to the ship's medical center to be seen for her injury while 

onboard Defendant’s vessel. 

95. At the time of Plaintiff's injury, she was seen, examined and treated by the ship's nurse 

and/or physician, in the ship’s medical center, onboard the ship owned by Defendant Carnival. 

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96. She was taken to the ship’s medical center in a wheelchair by shipboard personnel who 

responded to the regarding the amputation that occurred onboard. 

97. Based on the foregoing, the Plaintiff reasonably believed that the ship's nurse and 

doctor were acting as direct employees or actual agents on behalf of the Defendants, and was never 

given any reason to believe otherwise. 

98. Kirsten Quashen relied to her detriment on her belief that the physician and nurse were 

direct employees or actual agents of the Defendant in that Ms. Quashen followed the advice of 

Carnival’s nurse and/or physician and did not seek any further medical testing or evaluation 

through telemedicine or a shoreside call, and by not requesting an emergent evacuation. Ms. 

Quashen would not have followed the advice of the ship’s medical personnel had he suspected 

they were not the agents of Carnival. 

99. As a result of the Plaintiff's reliance upon the ship's medical staff, Ms. Quashen was 

not properly treated and she lost the chance to have the finger surgically re-attached at a time when 

more likely than not the attachment would have been effective. 

100. Defendant Carnival is liable to the Plaintiff for any and all damages as a result of 

negligent medical care by the physician and/or nurse under the theory of apparent agency. 

101. As a direct and proximate result of “Dr. Martin, Forrest’s” acts or omissions set 

forth above, Kirsten Quashen has in the past suffered and will in the future continue to suffer bodily 

injury, pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the 

enjoyment of life, expense of hospitalization, rehabilitation, medical and nursing care and treatment, 

loss of earnings, loss of ability to earn money, and aggravation of a pre-existing condition. Her special 

damages include but are not limited to the lost value of home-modifications for a spa business that 

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255 Alhambra Circle, Penthouse, Coral Gables, Florida 33134-5008 Telephone: (305) 476-7400 Fax: (305) 476-7444

29

she can no longer operate due to the injury. These losses are permanent and continuing in nature and 

Kirsten Quashen will continue to suffer these losses in the future. 

WHEREFORE, Plaintiff, Kirsten Quashen, demands Judgment against Carnival for damages 

recoverable under the general maritime law and state law including but not limited to compensatory 

damages, costs of this action, post-judgment interest, and further demands trial by jury of all issues 

so triable as a matter of right, and such further relief as this Court deems just and proper.

DEMAND FOR TRIAL BY JURY

Plaintiff demands trial by jury of all issues so triable as a matter of right. 

Dated June 2, 2020.

COLSON HICKS EIDSON

Attorneys for Plaintiff

255 Alhambra Circle, PH

Coral Gables, Florida 33134

(305) 476-7400

By /s/ Deborah J. Gander 

Deborah J. Gander

Florida Bar No. 34363

Deborah@colson.com

Eservice@colson.com

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