ARONFELD TRIAL LAWYERS

www.Aronfeld.com 

Page 1 of 7 

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-cv-22342

PEGGY ANN GONZALES, 

Plaintiff,

v.

CARNIVAL CORPORATION, 

Defendant.

__________________________________/ 

COMPLAINT FOR DAMAGES 

AND DEMAND FOR TRIAL BY JURY

Plaintiff, PEGGY ANN GONZALES (“Plaintiff”), through undersigned counsel, sues 

Defendant, CARNIVAL CORPORATION (“Defendant”), and demands trial by jury, stating as 

follows:

PARTIES AND JURISDICTION

1. Plaintiff seeks damages in excess of $75,000.00, exclusive of interest, costs and

attorney’s fees.

2. This Court has admiralty and maritime jurisdiction pursuant to 28 U.S.C.§ 1333 as

the causes of action asserted are maritime torts. 

3. This Court has Diversity Jurisdiction pursuant to 28 U.S.C. § 1332, as the matter in

controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs, and is between 

citizens of different States and/or citizens of a State and citizens or subjects of a foreign state. 

4. Suit is filed in Federal Court because of the federal forum selection clause in the

Passenger Contract Ticket issued by the Defendant. 

5. Plaintiff is sui juris and is a resident and citizen of New York.

Case 1:20-cv-22342-UU Document 1 Entered on FLSD Docket 06/05/2020 Page 1 of 7
ARONFELD TRIAL LAWYERS

www.Aronfeld.com 

Page 2 of 7

6. Defendant is a foreign corporation who is authorized to conduct and who does 

conduct business in the State of Florida, who at all times material hereto was and is doing business 

in Miami-Dade County, Florida, and who maintains its corporate headquarters and principal place 

of business in Miami-Dade County Florida.

7. Defendant is a citizen of the State of Florida.

8. Defendant, at all times material hereto, personally or through an agent, in the 

County and in the District in which this Complaint is filed:

a. Operated, conducted, engaged in or carried on a business venture in this

state and/or county; and/or

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

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

d. Committed one or more of the acts stated in Florida Statutes, Sections 

48.081, 48.181 or 48.193.

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

have been waived, or do not apply.

FACTUAL ALLEGATIONS

10. At all times material hereto, Defendant, CARNIVAL, owned, operated, managed, 

maintained, and/or controlled the vessel, the Carnival Sunshine.

11. On or about August 10, 2019 Plaintiff was a lawfully fare paying passenger aboard 

Defendant’s cruise ship vessel, the Carnival Sunshine.

12. On or about August 10, 2019, as Plaintiff moved a lounge chair on deck 10 of the

Carnival Sunshine in a normal and proper manner, she lost her footing on a wet and/or slippery 

Case 1:20-cv-22342-UU Document 1 Entered on FLSD Docket 06/05/2020 Page 2 of 7
ARONFELD TRIAL LAWYERS

www.Aronfeld.com 

Page 3 of 7

surface that was not objectively perceivable. As a result of the fall, the Plaintiff suffered traumatic 

injuries that included, but are not limited to, fractured ribs.

COUNT I – NEGLIGENCE

Plaintiff incorporates by reference and re-alleges as though originally alleged herein the 

allegations of paragraphs 1 through 12 and further alleges:

13. Defendant, CARNIVAL, owed Plaintiff the duty to exercise reasonable care under

the circumstances for the safety of its passengers. 

14. Such duties include, but are not limited to, the duty to provide its passengers 

reasonable care to inspect for, and resolve or repair dangerous, hazardous, and/or risk- creating 

conditions that passengers, including the Plaintiff, will likely encounter.

15. Such duties also include, but are not limited to, the duty to maintain its ship in a 

reasonably safe condition for the use and enjoyment of its passengers

16. Such duties also include, but are not limited to, the duty to warn passengers of

hazards which passengers may reasonably be expected to encounter.

17. At all times material hereto, Defendant, through its vessel, crew, agents,

employees, staff, and/or representatives, who were acting in the course and scope of their 

employment and/or agency with the Defendant, breached the duty of reasonable care owed to 

the Plaintiff and were negligent in one or more of the following ways: 

a. Failing to keep and maintain the decks, walkways and adjacent areas, in a 

reasonably safe condition, so as to help prevent hazards to its passengers; and/or

b. Failing to inspect, clean, keep and maintain the subject area in a reasonably safe 

condition; and/or;

Case 1:20-cv-22342-UU Document 1 Entered on FLSD Docket 06/05/2020 Page 3 of 7
ARONFELD TRIAL LAWYERS

www.Aronfeld.com 

Page 4 of 7

c. Failing to take proper precautions for the safety of the passengers entering the 

subject area; and/or

d. Failing to warn Plaintiff of the risk-creating and/or hazardous conditions of its 

decks, walkways, and the adjacent areas; and/or

e. Failing to have adequate policies and procedures in place for inspection, 

cleaning and maintenance of its decks, walkways, and the adjacent areas; and/or

f. Creating a risk-creating condition and/or failing to remedy a risk-creating 

condition which was known by the Defendant and which in the exercise of 

reasonable care should have been known by the Defendant; and/or

g. Negligently designing the Dream’s decks, walkways, entryways and floor plans 

as it relates to the deck’s slip-resistance or propensity to cause the accumulation 

of slippery substances/liquids in the walking path of passengers who are 

required by Defendant to use these walkways in order to get to other parts of 

the ship; and/or

h. Failing to adequately train its crew to keep its decks, walkways, and the adjacent 

areas clean and free of hazards; and/or

i. Failing to employ sufficient crewmembers or adequately trained crewmembers 

to properly inspect, repair, clean, and maintain the area of the ship where 

Plaintiff’s incident occurred relating to the slippery nature of the deck, and/or

j. Failing to treat its decks, walkways and adjacent areas to prevent them from 

becoming unreasonable slippery, sticky or otherwise unreasonably dangerous; 

and/or

Case 1:20-cv-22342-UU Document 1 Entered on FLSD Docket 06/05/2020 Page 4 of 7
ARONFELD TRIAL LAWYERS

www.Aronfeld.com 

Page 5 of 7

k. Failing to comply with applicable industry standards, statutes, or regulations the 

violation of which is negligence per se and/or evidence of negligence; and/or

l. Failing to otherwise maintain the area and the premises in a safe and reasonable 

manner; and/or

m. Failing to properly and safely instruct passengers traversing the subject area of 

the risks involved with the use of decks when a known danger is present; and/or

n. Failing to properly and adequately supervise the passengers traversing the 

subject area when a known danger is present; and/or

o. Failing to take proper precautions for the safety of passengers when 

encouraging passengers to traverse the subject area when a known danger is 

present; and/or

p. Failing to promulgate and/or enforce rules, restrictions, or procedures to ensure 

the safety of passengers traversing the subject area when a known danger is 

present; and/or

q. Failing to promulgate and/or enforce rules or procedures to ensure that crew 

members are adequately supervising the subject area when a known danger is 

present; and/or

r. Failing to engage proper and reasonable safeguards to prevent passengers from 

being injured while traversing the subject area; and/or

s. Failing to warn passengers of the dangers of traversing wet or slippery floors; 

and/or

Case 1:20-cv-22342-UU Document 1 Entered on FLSD Docket 06/05/2020 Page 5 of 7
ARONFELD TRIAL LAWYERS

www.Aronfeld.com 

Page 6 of 7

t. Failing to adequately train its employees/agents whose duty it was to warn 

passengers traversing the subject area of the inherent and unreasonable dangers 

and risks associated with the use of the subject area; and/or

u. Failing to adequately convey to passengers the risk of serious injury from 

traversing the slippery area; and/or

v. Failure to adequately inspect and/or maintain the subject area, so as to ensure 

that the subject area was reasonably safe for passengers to use; and/or

w. Failing to promulgate and/or enforce adequate policies and/or procedures 

regarding the inspection and/or maintenance to identify and/or warn passengers 

of the risk-creating condition in the subject area; and/or

x. Failing to control the number of guests in the subject area; and/or

y. Through other acts or omissions constituting a breach of the duty to use 

reasonable care which will be revealed through discovery;

18. Defendant’s negligence proximately caused Plaintiff great bodily harm in that, but 

for the Defendant’s negligence, Plaintiff’s injuries would not have occurred.

19. Defendant either (a) had actual knowledge of the risk-creating conditions; (b) had 

constructive knowledge of the risk-creating conditions; (c) would have had knowledge of the riskcreating conditions had the Defendant implemented proper methods of inspection; and/or (d) 

created the risk-creating conditions.

20. As a result of Defendant’s negligence, Plaintiff suffered severe bodily injury

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

enjoyment of life, expense of hospitalization, medical and nursing care and treatment, lost wages 

and loss of future earning capacity. 

Case 1:20-cv-22342-UU Document 1 Entered on FLSD Docket 06/05/2020 Page 6 of 7
ARONFELD TRIAL LAWYERS

www.Aronfeld.com 

Page 7 of 7

21. The losses are either permanent or continuing in nature.

WHEREFORE, Plaintiff, PEGGY ANN GONZALES, demands judgment against 

Defendant, CARNIVAL CORPORATION, for damages suffered and costs incurred, as well as for 

damages and costs that Plaintiff will suffer and incur in the future, as a result of Plaintiff’s bodily 

injury, pain and suffering, disability, disfigurement, scarring, mental anguish, hospitalization, medical 

care and treatment, nursing care and treatment, lost wages, loss of future earning capacity, loss of 

important bodily functions, and loss of capacity for the enjoyment of life; for all court costs, preand post-judgment interest, and for any and all other relief which the Court deems just or 

appropriate.

DEMAND FOR JURY TRIAL

Plaintiff, PEGGY ANN GONZALES, demands trial by jury on all issues so triable.

Dated: June 5, 2020.

Respectfully submitted,

/s/ Spencer M. Aronfeld 

Spencer M. Aronfeld, Esq.

Florida Bar No.: 905161

aronfeld@Aronfeld.com 

Abby H. Ivey, Esq.

Florida Bar No.: 1002774

aivey@aronfeld.com

Matthias M. Hayashi

Florida Bar No.: 115973

mhayashi@aronfeld.com

ARONFELD TRIAL LAWYERS

One Alhambra Plaza, Penthouse

Coral Gables, Florida 33134

P: (305) 441.0440

F: (305) 441.0198

Attorneys for Plaintiff

Case 1:20-cv-22342-UU Document 1 Entered on FLSD Docket 06/05/2020 Page 7 of 7