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. 

DONNIE HOLLAND,

a citizen and resident of North Carolina,

Plaintiff,

v.

CARNIVAL CORPORATION,

a Panamanian Corporation d/b/a

CARNIVAL CRUISE LINES,

Defendant.

______________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff DONNIE HOLLAND, a citizen and resident of the State of North Carolina, sues 

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 DONNIE HOLLAND is sui juris and is a resident and citizen of the State 

of North Carolina. 

3. Defendant CARNIVAL CORPORATION, a Panamanian Corporation doing 

business as CARNIVAL CRUISE LINES (CARNIVAL) with its principal place of business in 

Miami, Miami-Dade County, Florida. Carnival is therefore a citizen both of Panama and of 

Florida for purposes of this action.

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

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4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 

§1332, based on diversity of citizenship. The Plaintiff is a citizen and resident of the State of 

North Carolina, while the Defendant is deemed a citizen of Florida and of Panama for federal 

jurisdictional purposes, so there is complete diversity of citizenship between the parties. The 

amount in controversy exceeds $75,000.00, the minimum jurisdictional amount for diversity 

cases. The damages and injuries alleged in Paragraphs 13 and 14 support an award of damages 

in excess of $75,000.00.

5. At all material times, Defendant Carnival has conducted ongoing substantial and 

not isolated business activities in Miami-Dade County, Florida, in the Southern District of 

Florida, so that in personam jurisdiction over the Defendant exists in the United States District 

Court for the Southern District of Florida.

6. At all material times, Carnival has engaged in the business of operating maritime 

cruise vessels for paying passengers, including the Plaintiff.

7. In the operative ticket contract, Carnival requires fare paying passengers such as 

the Plaintiff to bring any lawsuit against it arising out of injuries or events occurring on the 

cruise voyage in this federal judicial district. Accordingly, venue is proper in this Court.

8. Venue is also proper in this district because Carnival’s principal place of business 

is located within this district.

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

including providing the Defendant a timely written notice of claim on May 28th 2019 as required 

by the ticket contract. Further, the Defendant acknowledged receipt of the Notice.

Case 1:20-cv-21789-RNS Document 1 Entered on FLSD Docket 04/29/2020 Page 2 of 10
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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

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LIABILITY AND DAMAGE ALLEGATIONS 

COMMON TO ALL COUNTS

10. At all material times, Defendant Carnival was engaged in the business of 

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

among other vessels, the "HORIZON.”

11. At all material times, Defendant Carnival operated, managed, maintained and was 

in exclusive control of the HORIZON.

12. At all material times, including the injury date of May 11TH 2019, the Plaintiff 

was a fare paying passenger aboard the "HORIZON" and in that capacity was lawfully present 

aboard the vessel.

13. On May 11th 2019, while the Plaintiff was onboard the “HORIZON" as a fare 

paying passenger, he was descending the glass stairs from Deck 5 to Deck 4 when he slipped on 

a wet or slippery transient foreign substance. The Plaintiff thereby slipped, fell and sustained 

serious injuries, including a complete rupture of the right knee patella tendon and an avulsion 

fracture of the tibial tubercle necessitating open surgical repair and extensive physical therapy.

14. As a direct and proximate result of the fall described in the preceding paragraph, 

the Plaintiff was injured in and about his body and extremities, including a complete rupture of 

the right knee patella tendon and a avulsion fracture of the tibial tubercle necessitating open 

surgical repair and extensive physical therapy and suffered pain therefrom, and sustained mental 

anguish, disfigurement, disability and the inability to lead a normal life. Furthermore, he incurred 

medical, hospital, and other out of pocket and health care expenses in the past and future as a 

result of his injuries. The Plaintiff has suffered lost wages and benefits in the past. In addition, 

because of his injuries he was not able to pass his physical skills test to continue in his chosen 

Case 1:20-cv-21789-RNS Document 1 Entered on FLSD Docket 04/29/2020 Page 3 of 10
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GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

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profession and was forced to take an early retirement resulting in a loss of future earnings and a 

reduction in his overall benefits and his retirement benefits. He has also sustained activation or 

aggravation of preexisting injuries. These damages are permanent or continuing in their nature 

and the Plaintiff will continue to sustain and incur these damages in the future.

COUNT I - NEGLIGENT MAINTENANCE

(VICARIOUS LIABILITY)

15. The Plaintiff adopts, realleges and incorporates by reference all allegations of 

Paragraphs 1 through 14 above and further alleges the following matters.

16. At all material times Defendant Carnival owed the Plaintiff, as a fare paying 

passenger lawfully on board its vessel, a duty of reasonable care for his safety.

17. At all material times Defendant Carnival was vicariously liable for any negligence 

or failure to exercise reasonable care by its crewmembers onboard the "HORIZON" while those 

crewmembers were acting or failing to act in furtherance of the business of the vessel.

18. At all material times there existed a hazardous condition on the glass stairs from 

the 5th deck to the 4th deck of the "HORIZON" to-wit: water or a wet or slippery transient 

substance on the stairs.

19. At all material times, the hazardous substance referred to in the preceding 

paragraph was in a high traffic area, the glass stairs, regularly traversed by large numbers of 

passengers and crewmembers on board the vessel.

20. At all material times, the hazardous substance on the glass stairs referred to above 

had existed for a long enough period of time that Carnival crewmembers responsible for 

maintenance on the vessel should have detected it, so that Carnival through crewmembers acting 

Case 1:20-cv-21789-RNS Document 1 Entered on FLSD Docket 04/29/2020 Page 4 of 10
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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

in furtherance of the vessel's business had constructive knowledge of the presence of the 

substance and the hazard it posed. 

21. As an alternative to the allegations in the preceding paragraph, at all material 

times the hazard referred to above, a wet or slippery transient substance on the glass stairs 

recurred so frequently and regularly, both on Carnival vessels in general and on the "HORIZON" 

in particular, that Carnival crewmembers responsible for maintenance on the vessel should have 

been alerted to its potential presence and detected it during routine inspection and maintenance, 

so that Carnival through crewmembers acting in furtherance of the vessel's business had 

constructive knowledge of the presence of the substance and the hazard it posed. 

22. As an alternative to the allegations in the preceding two paragraphs, at all material 

times Carnival through its crewmembers acting in furtherance of the vessel's business had actual 

knowledge of the presence of the hazardous wet or slippery substance on the glass stairs and the 

hazard it posed.

23. Notwithstanding the actual or constructive knowledge of Carnival and its 

crewmembers alleged above, Carnival crewmembers on board the "HORIZON" responsible for 

maintenance of the vessel failed to detect or correct the hazardous condition of the glass stairs 

before the Plaintiff slipped and fell as alleged in Paragraph 13 above. 

24. The specific acts of negligence of Carnival crewmembers responsible for 

maintenance of the glass stairs included failure to conduct sufficient routine inspections of the 

area to detect and correct hazards; failure to maintain the glass stairs in a reasonably safe 

condition; failure to properly clean and dry the glass stairs; and failure to use safe stair surfaces

and/or anti–skid material. Since these acts and omissions are acts and omissions of Carnival

Case 1:20-cv-21789-RNS Document 1 Entered on FLSD Docket 04/29/2020 Page 5 of 10
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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

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crewmembers acting in furtherance of the vessel's business, maintenance of the vessel, Carnival

is vicariously liable for these negligent acts and omissions by its crewmembers.

25. As a direct and proximate result of the negligence of Carnival crewmembers 

described above, for which Carnival is vicariously liable as alleged above, the Plaintiff has 

sustained and will continue in the future to sustain the damages alleged in Paragraph 14.

WHEREFORE, the Plaintiff demands judgment against Carnival for compensatory 

damages and the costs of this action and further demands trial by jury of all issues so triable as 

of right.

COUNT II - NEGLIGENT FAILURE TO CORRECT HAZARD

(VICARIOUS LIABILITY)

26. The Plaintiff adopts, realleges and incorporates by reference all allegations of 

Paragraphs 1 through 14 above and further alleges the following matters.

27. At all material times Defendant Carnival owed the Plaintiff, as a fare paying 

passenger lawfully on board its vessel, a duty of reasonable care for his safety.

28. At all material times Defendant Carnival was vicariously liable for any negligence 

or failure to exercise reasonable care by its crewmembers onboard the "HORIZON" while those 

crewmembers were acting or failing to act in furtherance of the business of the vessel.

29. At all material times there existed a hazardous condition on the glass stairs of the 

“HORIZON” to-wit: water or a wet or slippery transient substance on the glass stairs.

30. At all material times, the hazardous substance referred to in the preceding 

paragraph was in a high traffic area, the glass stairs, regularly traversed by large numbers of 

passengers and crewmembers on board the vessel.

Case 1:20-cv-21789-RNS Document 1 Entered on FLSD Docket 04/29/2020 Page 6 of 10
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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

31. At all material times, the hazardous substance on the glass stairs referred to above 

had existed for a long enough period of time that Carnival crewmembers responsible for 

maintenance on the vessel should have detected and corrected it, so that Carnival through 

crewmembers acting in furtherance of the vessel's business had constructive knowledge of the 

presence of the substance and the hazard it posed. 

32. As an alternative to the allegations in the preceding paragraph, at all material 

times the hazard referred to above, a wet or slippery transient substance on the glass stairs, 

recurred so frequently and regularly, both on Carnival vessels in general and on the "HORIZON" 

in particular, that Carnival crewmembers responsible for maintenance on the vessel should have 

been alert to its potential presence and detected and corrected it during routine inspection and 

maintenance, so that Carnival through crewmembers acting in furtherance of the vessel's 

business had constructive knowledge of the presence of the substance and the hazard it posed. 

33. As an alternative to the allegations in the preceding two paragraphs, at all material 

times Carnival through its crewmembers acting in furtherance of the vessel's business had actual 

knowledge of the presence of the hazardous wet or slippery substance on the glass stairs and the 

hazard it posed.

34. Notwithstanding the actual or constructive knowledge of Carnival and its 

crewmembers alleged above, Carnival’s crewmembers on board the "HORIZON" responsible for 

maintenance of the vessel failed to detect or correct the hazardous condition on the glass stairs, 

by properly cleaning and drying the stairs, cordoning off the hazardous area, or other appropriate 

corrective action, before the Plaintiff slipped and fell as alleged in Paragraph 13 above. 

35. Since the negligent acts and omissions of Carnival crewmembers described above 

were acts and omissions of Carnival crewmembers acting in furtherance of the vessel's business, 

Case 1:20-cv-21789-RNS Document 1 Entered on FLSD Docket 04/29/2020 Page 7 of 10
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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

maintenance of the vessel, Carnival is vicariously liable for these negligent acts and omissions 

by its crewmembers.

36. As a direct and proximate result of the negligence of Carnival crewmembers 

described above, for which Carnival is vicariously liable as alleged above, the Plaintiff has 

sustained and will continue in the future to sustain the damages alleged in Paragraph 14.

WHEREFORE, the Plaintiff demands judgment against Carnival for compensatory 

damages and the costs of this action and further demands trial by jury of all issues so triable as 

of right.

COUNT III - NEGLIGENT FAILURE TO WARN OF HAZARD

(VICARIOUS LIABILITY)

37. The Plaintiff adopts, realleges and incorporates by reference all allegations of 

Paragraphs 1 through 14 above and further alleges the following matters.

38. At all material times Defendant Carnival owed the Plaintiff, as a fare paying 

passenger lawfully on board its vessel, a duty of reasonable care for his safety.

39. At all material times Defendant Carnival was vicariously liable for any negligence 

or failure to exercise reasonable care by its crewmembers onboard the "HORIZON" while those 

crewmembers were acting or failing to act in furtherance of the business of the vessel.

40. At all material times there existed a hazardous condition on the glass stairs of the 

"HORIZON," to-wit: water or a wet or slippery transient substance on the glass stairs.

41. At all material times, the hazardous substance referred to in the preceding 

paragraph was in a high traffic area, the glass stairs of the vessel, regularly traversed by large 

numbers of passengers and crewmembers on board the vessel.

Case 1:20-cv-21789-RNS Document 1 Entered on FLSD Docket 04/29/2020 Page 8 of 10
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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

42. At all material times, the hazardous substance referred to above had existed for a 

long enough period of time that Carnival crewmembers responsible for maintenance on the 

vessel should have detected it, so that Carnival through crewmembers acting in furtherance of 

the vessel's business had constructive knowledge of the presence of the substance and the hazard 

it posed. 

43. As an alternative to the allegations in the preceding paragraph, at all material 

times the hazard referred to above, a wet or slippery transient substance on the glass stairs, 

recurred so frequently and regularly, both on Carnival vessels in general and on the "HORIZON" 

in particular, that Carnival crewmembers responsible for maintenance on the vessel should have 

been alert to its potential presence and detected it during routine inspection and maintenance, so 

that Carnival through crewmembers acting in furtherance of the vessel's business had 

constructive knowledge of the presence of the substance and the hazard it posed. 

44. As an alternative to the allegations in the preceding two paragraphs, at all material 

times Carnival through its crewmembers acting in furtherance of the vessel's business had actual 

knowledge of the presence of the hazardous wet or slippery substance on the glass stairs and the 

hazard it posed.

45. Notwithstanding the actual or constructive knowledge of Carnival and its 

crewmembers alleged above, Carnival crewmembers on board the "HORIZON" responsible for 

maintenance of the vessel failed adequately to warn passengers including the Plaintiff of the 

hazardous condition of the glass stairs, by appropriate signs, markings, written or oral warnings, 

or otherwise, before the Plaintiff slipped and fell as alleged in Paragraph 13 above. 

46. Since the negligent acts and omissions of Carnival’s crewmembers described 

above were acts and omissions of Carnival crewmembers acting in furtherance of the vessel's 

Case 1:20-cv-21789-RNS Document 1 Entered on FLSD Docket 04/29/2020 Page 9 of 10
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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

business, maintenance of the vessel, Carnival is vicariously liable for these negligent acts and 

omissions by its crewmembers.

47. As a direct and proximate result of the negligence of Carnival crewmembers 

described above, for which Carnival is vicariously liable as alleged above, the Plaintiff has 

sustained and will continue in the future to sustain the damages alleged in Paragraph 14.

WHEREFORE, the Plaintiff demands judgment against Carnival for compensatory 

damages and the costs of this action and further demands trial by jury of all issues so triable as 

of right.

DEMAND FOR JURY TRIAL

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

Executed this 29

th day of April 2020 

s/PHILIP M. GERSON

PHILIP M. GERSON 

Florida Bar No. 127290

pgerson@gslawusa.com

cbenedi@gslawusa.com

filing@gslawusa.com

NICHOLAS I. GERSON

Florida Bar No. 0020899

ngerson@gslawusa.com 

EDWARD S. SCHWARTZ

Florida Bar No. 346721

eschwartz@gslawusa.com

DAVID L. MARKEL

Florida Bar No. 78306

dmarkel@gslawusa.com

GERSON & SCHWARTZ, P.A. 

1980 Coral Way 

Miami, Florida 33145 

Telephone: (305) 371-6000

Facsimile: (305) 371-5749

Attorneys for Plaintiffs

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