IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 20-cv-22463-FAM

ASHLEY HODSON, 

Plaintiff, 

v.

MSC CRUISES, S.A., 

Defendant.

________________________________________/

DEFENDANT’S SUPPLEMENTAL RESPONSES TO 

PLAINTIFF’S INITIAL INTERROGATORIES 

Defendant, MSC CRUISES, S.A. (“MSC” or “Defendant”), hereby serves its 

Supplemental Responses to Plaintiff’s Initial Interrogatories. 

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent via 

Electronic Mail to all parties on the attached service list this 3rd day of December 2020.

Respectfully submitted,

MALTZMAN & PARTNERS, P.A.

By: /s/ Steve Holman

Jeffrey B. Maltzman, Esq.

Florida Bar No. 48860

jeffreym@maltzmanpartners.com 

Steve Holman, Esq.

Florida Bar No. 547840

steveh@maltzmanpartners.com

55 Miracle Mile, Suite 300

Coral Gables, FL 33134

Tel: 305-779-5665 

Case 1:20-cv-22463-FAM Document 17-1 Entered on FLSD Docket 12/09/2020 Page 1 of 5
Fax: 305-779-5664

Attorneys for Defendant

SERVICE LIST

CASE NO.: 20-cv-22463-FAM

Spencer M. Aronfeld, Esq.

aronfeld@aronfeld.com

Abby Hernández Ivey, Esq.

aivey@aronfeld.com

abaez@aronfeld.com

Matthias M. Hayashi, Esq.

mhayashi@aronfeld.com

ARONFELD TRIAL LAWYERS

One Alhambra Plaza, Penthouse

Coral Gables, FL 33134

Phone: 305-441-0440

Fax: 305-441-0198

Attorneys for Plaintiff

Jeffrey B. Maltzman, Esq.

jeffreym@maltzmanpartners.com 

Steve Holman, Esq.

steveh@maltzmanpartners.com

MALTZMAN & PARTNERS, P.A. 

55 Miracle Mile, Suite 300

Coral Gables, FL 33134

Phone: 305-779-5665

 Fax: 305-779-5664

 Attorneys for Defendant

Case 1:20-cv-22463-FAM Document 17-1 Entered on FLSD Docket 12/09/2020 Page 2 of 5
SUPPLEMENTAL RESPONSES

2. List the full name, phone number, and physical address of each person(s) who has given a 

statement concerning any issue raised by the pleadings in this case. 

RESPONSE: Plaintiff provided a written statement to Safety Officer Marcello Ercolano, 

which has already been produced. Plaintiff presumably made an oral statement to the 

medical center staff.

8. For a time period beginning five (5) years prior to the date of the Plaintiff's incident, and 

one (1) year subsequent, identify and describe all incidents, complaints of incidents, 

records of incidents, claims of incidents, or recollections of incidents similar to the 

Plaintiff's incident, i.e. slips and falls of passengers, crew members or other persons on the 

subject stairs and/or other stairs with substantially-similar flooring on the MSC Seaside and 

its sister ships. Additionally, please provide contact information (phone number, email, physical address) for the individuals identified. 

RESPONSE: Per the agreement of counsel for both Parties, Defendant responds as to slip

and falls due to water on the nosing of the stairs in the subject area of the MSC Seaside and 

her sister ships for three years prior to Plaintiff’s alleged incident: 

On July 12, 2018 at approximately 12:10 a.m., a passenger allegedly slipped on the “wet 

medal [sic] part of stairs” going down to Deck 15 aboard the Seaside. The passenger did not

indicate the nature or source of the substance that allegedly caused the area to be “wet.” He 

did not report the alleged incident until July 13 so MSC was unable to conduct a proper 

investigation. 

Notwithstanding Defendant’s response, Defendant objects that this Interrogatory is 

overbroad as to time and scope, unduly burdensome, encompasses potential incidents that 

are not relevant to any party’s claim or defense, and is disproportionate to the needs of the 

case. Requesting Defendant search vessels other than Seaside is so overbroad that it renders 

the request irrelevant to any party’s claim or defense and would be disproportional to the 

needs of the case. Different vessels have differing designs and configurations, are exposed to 

different climates and conditions, and are differing ages. Ships other than the subject vessel 

are therefore not substantially similar to the vessel in question and irrelevant to any party’s 

claim or defense. The Interrogatory is overbroad as to time, as five years is overbroad and 

the Interrogatory continues into the future. Incidents after Plaintiff’s alleged incident are 

irrelevant to this lawsuit. Furthermore, this Interrogatory is ambiguous as to the physical 

scope requested. In addition, this Interrogatory encompasses potential incidents that are not 

relevant to any party’s claim or defense. The request includes every incident regardless of 

the mechanism of the incident. Plaintiff alleged that she fell because of a deformed carpet on 

the steps between deck 17 and 16, but the request encompasses any trip and fall regardless 

of similarity to Plaintiff’s incident. Defendant also objects to providing the name and contact 

Case 1:20-cv-22463-FAM Document 17-1 Entered on FLSD Docket 12/09/2020 Page 3 of 5
information of other passengers as it violates U.S. and international privacy laws, including 

the Health Insurance Portability and Accountability Act and Florida State Laws.

9. For a time period beginning five (5) years prior to the date of the Plaintiff's incident, and 

one (1) year subsequent, identify and describe all incidents, complaints of incidents, 

records of incidents, claims of incidents, or recollections of incidents similar to the 

Plaintiff's incident, i.e. slips and falls of passengers, crew members or other persons injured 

on the subject stairs and/or other stairs with substantially-similar flooring on any cruise 

ship in Defendant’s fleet. Additionally, please provide contact information (phone 

number, e-mail, physical address) for the individuals identified. 

RESPONSE: Per the agreement of counsel for both Parties, Defendant responds as to slip 

and falls due to water on the nosing of the stairs in the subject area of the MSC Seaside and 

her sister ships for three years prior to Plaintiff’s alleged incident: 

On July 12, 2018 at approximately 12:10 a.m., a passenger allegedly slipped on the “wet 

medal [sic] part of stairs” going down to Deck 15 aboard the Seaside. The passenger did not 

indicate the nature or source of the substance that allegedly caused the area to be “wet.” He 

did not report the alleged incident until July 13 so MSC was unable to conduct a proper 

investigation. 

Notwithstanding Defendant’s response, Defendant objects that this Interrogatory is 

overbroad as to time and scope, unduly burdensome, encompasses potential incidents that 

are not relevant to any party’s claim or defense, and is disproportionate to the needs of the 

case. Requesting Defendant search every vessel fleetwide is so overbroad that it renders the 

request irrelevant to any party’s claim or defense and would be disproportional to the needs 

of the case. Different vessels in MSC’s fleet have differing designs and configurations, are 

exposed to different climates and conditions, and are differing ages. They are built by 

different ship builders in different countries. Ships other than the subject vessel are therefore 

not substantially similar to the vessel in question and irrelevant to any party’s claim or 

defense. The Interrogatory is overbroad as to time, as five years is overbroad and the 

Interrogatory continues into the future. Incidents after Plaintiff’s alleged incident are 

irrelevant to this lawsuit. Furthermore, this Interrogatory is ambiguous as to the physical 

scope requested. In addition, this Interrogatory encompasses potential incidents that are not 

relevant to any party’s claim or defense. The request includes every trip and fall incident 

regardless of the mechanism of the incident. Plaintiff alleged that she fell because of a 

deformed carpet on the steps between deck 17 and 16, but the request encompasses any trip 

and fall regardless of similarity to Plaintiff’s incident. Defendant also objects to providing 

the name and contact information of other passengers as it violates U.S. and international

privacy laws, including the Health Insurance Portability and Accountability Act and Florida 

State Laws.

10. For the date of the accident, provide any and all slip and fall or trip and fall accidents which 

happened on that day, involving the subject area and/or or other stairs with substantially 

similar flooring on the MSC Seaside. Additionally, please provide contact information 

(phone number, e-mail, physical address) for the individuals identified. 

Case 1:20-cv-22463-FAM Document 17-1 Entered on FLSD Docket 12/09/2020 Page 4 of 5
RESPONSE: None.

16. Please name and/or type of material which makes up the flooring and/or floor covering in 

the subject area. 

RESPONSE: The carpeting of the subject stairs is Dansk Wilton Plain Carpet in Col. 104 

(aubergine). 

Case 1:20-cv-22463-FAM Document 17-1 Entered on FLSD Docket 12/09/2020 Page 5 of 5