UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION

CASE NO.:

MARJORIE COGBURN,

Plaintiff, 

v.

CARNIVAL CORPORATION d/b/a 

CARNIVAL CRUISE LINES,

Defendant.

/

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

Plaintiff, MARJORIE COGBURN, by and through the undersigned attorney, hereby files 

this Complaint for Damages and Demand for Jury Trial and sues Defendant, CARNIVAL 

CORPORATION d/b/a CARNIVAL CRUISE LINES (hereinafter “CARNIVAL”), and alleges 

as follows:

GENERAL ALLEGATIONS

1. This is an action seeking damages in excess of seventy-five thousand dollars 

($75,000.00), exclusive of interest, costs, and attorneys’ fees.

2. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1333 and 

1332. Further, this matter is being filed in the United States District Court for the Southern 

District of Florida located in Miami-Dade County, Florida, as required by the forum selection 

clause contained within the Cruise Ticket Contract issued by Defendant. Upon information and 

belief, Defendant is in possession of a copy of the subject Ticket Contract.

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3. At all times material hereto, MARJORIE COGBURN is and was a resident of the 

state of Florida.

4. At all times material hereto, CARNIVAL was incorporated in Panama, and had its 

principal place of business in Miami, Florida.

5. All conditions precedent for filing and maintaining this action have been fulfilled, 

have been waived, or do not apply.

6. At all times material hereto, CARNIVAL owned, operated, maintained, managed, 

and/or controlled the cruise ship the Carnival Ecstasy.

7. On or about May 26, 2019, MARJORIE COGBURN was a fare-paying passenger 

aboard the Carnival Ecstasy.

8. On or about May 26, 2019, MARJORIE COGBURN was walking in a hightraffic passenger area when she slipped and fell on the unreasonably slippery interior flooring on 

the Promenade Deck that had water and/or another liquid substance on it. 

9. As a result of this incident, MARJORIE COGBURN sustained serious injury. 

10. NOTICE: CARNIVAL knew or should have known that the subject flooring was 

unreasonably dangerous as a result of its knowledge of prior similar incidents that occurred on 

that flooring material aboard the Ecstasy and other vessels in its fleet of cruise ships. See Cosmo 

v. Carnival Corporation, 272 F.Supp.3d 1336 (S.D. Fla. 2017)(J. Scola). Moreover, upon 

information and believe CARNIVAL has received several passenger complaints/comments about 

the unreasonably dangerous nature of the interior flooring s in its fleet. In addition, upon 

information and belief, knew or should have known that the interior flooring on Ecstasy were 

unreasonably dangerous as a result of its participation design and construction of the Ecstasy and 

approval of the altered design. See Groves v. Royal Caribbean Cruises, Ltd., 463 F. Appx. 837 

(11th Cir. 2012). Moreover, CARNIVAL knew or should have known of the unreasonably 

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dangerous condition of its interior flooring because the design and operation methods used by 

CARNIVAL for these interior flooring deviated from accepted industry safety practices. See, 

Holderbaum v. Carnival, 87 F. Supp. 3d. 1345 (S.D. Fla. 2015)(J. Lenard). CARNIVAL knew 

or should have known that this dangerous condition existed because crewmember(s) were in the 

immediate area of the liquid substance on the tile floor prior to the Plaintiff’s incident and failed 

to comply with CARNIVAL’s policies and procedures for handling slip and fall hazards and/or 

the liquid substance was on the floor for a sufficient amount of time that a crew member knew or 

should have known of its existence and acted to address the situation. See Thomas v. NCL 

(Bahamas) Ltd., 203 F.Supp.3d 1189 (S.D. Fla. 2016)(J. Williams).

COUNT I

NEGLIGENT FAILURE TO WARN

Plaintiff hereby adopts and incorporates paragraphs 1 through 10 as if fully set-forth 

herein, and alleges as follows:

11. DUTIES OWED: At all times material hereto, CARNIVAL had the duty to use 

reasonable care under the circumstances, and to maintain and operate its vessel, the Ecstasy, in a 

reasonably safe condition and manner. See, Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318, 

1321 (11th Cir. 1989). Cruise lines owe their passengers a duty to warn of known or foreseeable 

dangers which are not open and obvious. See, Brown v. Carnival Corporation, 202 F.Supp. 3d 

1332 (S.D. Fla. 2016)(J. Ungaro)(citing Witover v. Celebrity Cruises, Inc., 161 F. Supp. 3d. 1139, 

1146 (S.D. Fla. 2016).

12. CARNIVAL is vicariously liable for the negligent acts and omissions of its 

employees, agents, and/or independent contractors committed during the course and scope of their 

employment with CARNIVAL including their failure to reasonably warn the Plaintiff about the 

unreasonably dangerous nature of the interior flooring s when wet.

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13. CARNIVAL breached the aforementioned duties of care owed to MARJORIE 

COGBURN by failing to reasonably warn passengers that the interior flooring is unreasonably 

slippery when wet and failing to warn passengers that the interior flooring was wet and therefore 

dangerous.

14. As a direct and proximate result of the aforementioned negligence of 

CARNIVAL, Plaintiff, MARJORIE COGBURN, was injured, suffered physical impairment 

and/or disability, mental anguish, loss of capacity for the enjoyment of life, pain and suffering, the 

aggravation of pre-existing conditions, inconvenience, permanent disability, loss of earnings 

and/or wages, loss of earning potential, and incurred the costs of reasonable and necessary 

medical expenses for the treatment of his injuries. These losses and injuries are permanent and 

continuing in nature, and Plaintiff will continue to suffer them in the future. 

WHEREFORE, the Plaintiff demands Judgment against the Defendant for damages 

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

damages including medical, psychological, and other related expenses in the past and in the future; 

lost income in the past and lost income and earning capacity in the future; non-economic damages in 

the past and in the future including pain, suffering, disability, aggravation of a previously existing 

condition, physical impairment, scarring, disfigurement, mental anguish, inconvenience, and loss of 

capacity for the enjoyment of life; all court costs, all interest due under the applicable law including 

interest from the date of the subject incident under General Maritime Law, and any and all other 

damages which the Court deems just or appropriate.

COUNT II

NEGLIGENT FAILURE TO CLEAN

Plaintiff hereby adopts and incorporates paragraphs 1 through 10 as if fully set-forth 

herein, and alleges as follows:

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15. DUTIES OWED: At all times material hereto, CARNIVAL had the duty to use 

reasonable care under the circumstances, and to maintain and operate its vessel, the Ecstasy, in a 

reasonably safe condition and manner. See, Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318, 

1321 (11th Cir. 1989). 

16. CARNIVAL is vicariously liable for the negligent acts and omissions of its 

employees, agents, and/or independent contractors committed during the course and scope of their 

employment with CARNIVAL including their failure to reasonably warn the Plaintiff about the 

unreasonably dangerous nature of the interior flooring when wet.

17. CARNIVAL breached the aforementioned duties of care owed to MARJORIE 

COGBURN by failing to maintain the vessel, including the interior flooring, in a reasonably safe

condition by keeping them clean and dry; failing to clean the liquid substance on the flooring

when CARNIVAL, through its employees and agents, knew or should have known about the 

existence of the liquid substance on the flooring;

18. As a direct and proximate result of the aforementioned negligence of 

CARNIVAL, Plaintiff, MARJORIE COGBURN, was injured, suffered physical impairment 

and/or disability, mental anguish, loss of capacity for the enjoyment of life, pain and suffering, the 

aggravation of pre-existing conditions, inconvenience, permanent disability, loss of earnings 

and/or wages, loss of earning potential, and incurred the costs of reasonable and necessary 

medical expenses for the treatment of her injuries. These losses and injuries are permanent and 

continuing in nature, and Plaintiff will continue to suffer them in the future. 

WHEREFORE, the Plaintiff demands Judgment against the Defendant for damages 

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

damages including medical, psychological, and other related expenses in the past and in the future; 

lost income in the past and lost income and earning capacity in the future; non-economic damages in 

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the past and in the future including pain, suffering, disability, aggravation of a previously existing 

condition, physical impairment, scarring, disfigurement, mental anguish, inconvenience, and loss of 

capacity for the enjoyment of life; all court costs, all interest due under the applicable law including 

interest from the date of the subject incident under General Maritime Law, and any and all other 

damages which the Court deems just or appropriate.

COUNT III

NEGLIGENT DESIGN, CONSTRUCTION, AND/OR APPROVAL 

OF THE SUBJECT FLOORING

Plaintiff hereby adopts and incorporates paragraphs 1 through 10 as if fully set-forth 

herein, and alleges as follows:

19. DUTIES OWED: At all times material hereto, RCCL had the duty to use 

reasonable care under the circumstances, and to maintain and operate its vessel, the Ecstasy, in a 

reasonably safe condition and manner. See, Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318, 

1321 (11th Cir. 1989). The cruise line had the duty to use reasonable care in designing, 

constructing, and approving the areas of the vessel which the cruise line participated in either 

designing, construction, or approving. Groves v. Royal Caribbean Cruises, Ltd., 463 F. Appx. 

837 (11th Cir. 2012).

20. CARNIVAL is vicariously liable for the negligent acts and omissions of its 

employees, agents, and/or independent contractors committed during the course and scope of their 

employment with CARNIVAL including their failure to reasonably design, construct, and 

inappropriate approval of the unreasonably dangerous nature of the interior flooring when wet.

21. CARNIVAL breached the aforementioned duties of care owed to MARJORIE 

COGBURN by constructing, designing, and approving the use the subject flooring tile as a hightraffic walking surface despite the fact that it is not reasonably slip-resistant under foreseeable 

operating conditions, including when wet.

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22. As a direct and proximate result of the aforementioned negligence of 

CARNIVAL, Plaintiff, MARJORIE COGBURN, was injured, suffered physical impairment 

and/or disability, mental anguish, loss of capacity for the enjoyment of life, pain and suffering, the 

aggravation of pre-existing conditions, inconvenience, permanent disability, loss of earnings 

and/or wages, loss of earning potential, and incurred the costs of reasonable and necessary 

medical expenses for the treatment of hers injuries. These losses and injuries are permanent and 

continuing in nature, and Plaintiff will continue to suffer them in the future. 

WHEREFORE, the Plaintiff demands Judgment against the Defendant for damages 

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

damages including medical, psychological, and other related expenses in the past and in the future; 

lost income in the past and lost income and earning capacity in the future; non-economic damages in 

the past and in the future including pain, suffering, disability, aggravation of a previously existing 

condition, physical impairment, scarring, disfigurement, mental anguish, inconvenience, and loss of 

capacity for the enjoyment of life; all court costs, all interest due under the applicable law including 

interest from the date of the subject incident under General Maritime Law, and any and all other 

damages which the Court deems just or appropriate.

COUNT IV

NEGLIGENT MAINTENANCE OF THE FLOORING

Plaintiff hereby adopts and incorporates paragraphs 1 through 10 as if fully set-forth 

herein, and alleges as follows:

23. DUTIES OWED: At all times material hereto, CARNIVAL had the duty to use 

reasonable care under the circumstances, and to maintain and operate its vessel, the Ecstasy, in a 

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reasonably safe condition and manner. See, Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318, 

1321 (11th Cir. 1989). 

24. CARNIVAL is vicariously liable for the negligent acts and omissions of its 

employees, agents, and/or independent contractors committed during the course and scope of their 

employment with CARNIVAL including their failure to reasonably warn the Plaintiff about the 

unreasonably dangerous nature of the interior flooring when wet.

25. CARNIVAL breached the aforementioned duties of care owed to MARJORIE 

COGBURN by failing to utilize a reasonable and appropriate maintenance practice and schedule 

for the subject flooring material, including resurfacing the tile when appropriate and complying 

with the manufacturer’s recommendations for maintenance.

26. As a direct and proximate result of the aforementioned negligence of 

CARNIVAL, Plaintiff, MARJORIE COGBURN, was injured, suffered physical impairment 

and/or disability, mental anguish, loss of capacity for the enjoyment of life, pain and suffering, the 

aggravation of pre-existing conditions, inconvenience, permanent disability, loss of earnings 

and/or wages, loss of earning potential, and incurred the costs of reasonable and necessary 

medical expenses for the treatment of her injuries. These losses and injuries are permanent and 

continuing in nature, and Plaintiff will continue to suffer them in the future.

WHEREFORE, the Plaintiff demands Judgment against the Defendant for damages 

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

damages including medical, psychological, and other related expenses in the past and in the future; 

lost income in the past and lost income and earning capacity in the future; non-economic damages in 

the past and in the future including pain, suffering, disability, aggravation of a previously existing 

condition, physical impairment, scarring, disfigurement, mental anguish, inconvenience, and loss of 

capacity for the enjoyment of life; all court costs, all interest due under the applicable law including 

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interest from the date of the subject incident under General Maritime Law, and any and all other 

damages which the Court deems just or appropriate.

Dated: May 25, 2020

Coral Gables, Florida

Respectfully Submitted,

FLANAGAN PERSONAL INJURY & 

WRONGFUL DEATH LAW FIRM, P.A.

Counsel for Plaintiff

2 Alhambra Plaza

Suite 620

Coral Gables, Florida 33134 

Tel: (305) 638 – 4143

Fax: (305) 397 - 2636

By: /s/ Michael T. Flanagan

Michael T. Flanagan, Esq. 

Fla. Bar No. 0091072

Primary E-mail: mtf@Florida-Justice.com

Secondary E-mail: mtfassistant@Florida-Justice.com

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