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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. ______________

JUDIE KRAMER,

Plaintiff,

v.

ROYAL CARIBBEAN CRUISES LTD., and

PARK WEST GALLERIES, INC. d/b/a 

PARK WEST GALLERY,

Defendants.

/

COMPLAINT AND JURY TRIAL DEMAND

Plaintiff, JUDIE KRAMER, sues Defendants, ROYAL CARIBBEAN CRUISES LTD.

and PARK WEST GALLERIES, INC., and alleges:

Preliminary Allegations 

1. Plaintiff, JUDIE KRAMER, is a resident of Louisiana. 

2. Defendant, ROYAL CARIBBEAN CRUISES LTD. (hereinafter “RCCL”), is a 

foreign entity with its principal place of business in Miami, Florida.

3. Defendant, PARK WEST GALLERIES, INC. d/b/a PARK WEST GALLERY

(hereinafter “PARK WEST”), is a corporate entity which maintains its principal place of business 

at 29469 Northwestern Highway, Southfield, Michigan, and its cruise ship operations at 16000 

N.W. 59th Avenue, Suite 100, Miami Lakes, Florida 33014.

4. Defendants, RCCL and PARK WEST, are referred to collectively as “Defendants” 

in this Complaint, where applicable.

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5. The Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. § 

1332 because the Parties are completely diverse and the matter in controversy exceeds, exclusive 

of interest and costs, the sum specified by 28 U.S.C. § 1332. In the alternative, if diversity 

jurisdiction does not apply, then this matter falls under the Court’s admiralty jurisdiction

6. This action is being pursued in this Court, as opposed to state court as otherwise 

allowed by the Saving to Suitors Clause of 28 U.S.C. §1333, because RCCL unilaterally inserts a 

forum selection clause into its cruise tickets that requires its passengers to file cruise-related suits 

only in this federal district and division, as opposed to any other place in the world. 

7. Defendants, at all times material hereto, personally or through an agent:

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

and/or county or had an office or agency in this state and/or county;

b. Were engaged in substantial activity within this state; 

c. Operated vessels in the waters of this state; 

d. Committed one or more of the acts stated in Florida Statutes, Sections 48.081, 

48.181 or 48.193; 

e. The acts of Defendants set out in this Complaint occurred in whole or in part in 

this county and/or state; and/or

f. The cruise line ticket RCCL issued to Plaintiff requires that suit be brought in 

this Court against RCCL in this action. 

8. The Defendants are subject to the jurisdiction of the Courts of this state.

9. The causes of action asserted in this Complaint arise under the General Maritime 

Law of the United States. Notwithstanding the application of General Maritime Law and, pursuant 

to Federal Rule of Civil Procedure 38, Plaintiff hereby demands a jury trial on all claims asserted 

herein.

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10. At all times material hereto, RCCL owned, operated, managed, maintained and/or 

controlled the subject vessel, Enchantment of the Seas (hereinafter referred to as “the vessel”).

11. RCCL, as a common carrier, was engaged in the business of providing to the public,

and to the Plaintiff in particular, for compensation, vacation cruises. 

12. At all times material hereto, PARK WEST was engaged in the business of 

providing, maintaining, and/or exhibiting art displays for auctions aboard cruise vessel, generally,

and to the Plaintiff, in particular, aboard the vessel, Enchantment of the Seas.

13. At all times material hereto, Plaintiff was a paying passenger and lawfully aboard 

the vessel.

14. At all times material hereto, RCCL operated the vessel in navigable waters. 

15. On or about June 27, 2019, RCCL permitted PARK WEST to display art for sale 

in the Bolero Lounge aboard the vessel. RCCL sanctioned and/or sponsored this event by, among 

other actions, promoting the art display event to its passengers.

16. PARK WEST shared profits with RCCL in relation to the art PARK WEST sold to 

RCCL’s passengers during the subject cruise. 

17. On or about June 27, 2019, Plaintiff visited RCCL and/or PARK WEST’s art 

display in the Bolero Lounge aboard the vessel. The area aboard the vessel at which RCCL and/or 

PARK WEST displayed art for sale contained steps. However, the subject steps were not well lit, 

were unreasonably slippery, and the hand rails near the steps were blocked by an art exhibit(s) 

RCCL and/or PARK WEST placed there to sell said art. 

18. On or about June 27, 2019, Plaintiff injured her left leg and left knee when she was 

navigating the art display in the Bolero Lounge aboard the vessel. Specifically, Plaintiff was 

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injured as a result of the dangerous conditions associated with the steps in the area at which RCCL 

and/or PARK WEST displayed art for sale. 

19. At all times material, the steps in the area at which RCCL permitted PARK WEST 

to display art for sale constituted a dangerous condition(s) for reasons that include, but are not 

limited to: 

a. The subject steps in the area where RCCL and/or PARK WEST displayed art 

for sale were not well lit; stated differently, a person with average perceptive 

abilities exercising reasonable care under the circumstances for their own 

safety, like Plaintiff, could not have appreciated the steps and/or their contours 

due to the inadequate lighting in the area of the subject steps; and/or

b. The subject steps in the area where RCCL and/or PARK WEST displayed art 

for sale were unreasonably slippery; stated differently, a person with average 

perceptive abilities exercising reasonable care under the circumstances for their 

own safety, like Plaintiff, could not have appreciated the unreasonably slippery 

nature of the steps prior to using them; and/or

c. The hand rails near the steps where RCCL and/or PARK WEST displayed art 

for sale were blocked by an art exhibit(s) RCCL and/or PARK WEST placed 

there to sell said art; stated differently, a person with average perceptive abilities 

exercising reasonable care under the circumstances for their own safety, like 

Plaintiff, could not recognize the existence of the hand rails and/or made use of 

them due to the art exhibit(s) that obstructed view and/or use of the hand rails.

20. At all times material, RCCL and PARK WEST knew of the dangerous conditions

associated the subject steps for reasons that include, but are not limited to: 

a. RCCL employees and/or agents periodically monitored the area aboard the 

vessel at which PARK WEST displayed art for purposes of cleaning the area 

and/or remedying dangerous conditions present in that area; had RCCL 

employees and/or agents reasonably and/or competently monitored the subject 

area, they did observe and/or would have observed the dangerous conditions 

outlined above; and/or

b. PARK WEST employees and/or agents periodically monitored the area aboard 

the vessel at which PARK WEST displayed its art for purposes of cleaning the 

area and/or remedying dangerous conditions present in that area; had PARK 

WEST employees and/or agents reasonably and/or competently monitored the 

subject area, they did observe and/or would have observed the dangerous 

conditions outlined above; and/or

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c. RCCL and/or PARK WEST placed the art in and around the area at which 

Plaintiff’s incident occurred; in placing the art for display, RCCL and/or PARK 

WEST knew and/or should have know that such art placement obstructed 

passengers use of the hand rails near the subject steps. 

COUNT I – NEGLIGENT FAILURE TO WARN AGAINST RCCL

Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs one 

(1) through twenty (20) as though alleged originally herein.

21. At all times material, RCCL owned, operated, managed, maintained and/or 

controlled the subject vessel, and permitted PARK WEST to display art aboard the vessel at the 

location Plaintiff sustained her injuries. 

22. At all times material hereto, RCCL had a duty to provide Plaintiff with reasonable 

care under the circumstances, which included a duty to warn the Plaintiff of dangerous conditions 

RCCL knew and/or should have known of aboard the vessel, and specifically, in places aboard the 

vessel that RCCL invited Plaintiff to visit and/or in places RCCL reasonably expected that Plaintiff 

would visit. 

23. On or about June 27, 2019, the Plaintiff visited the PARK WEST art display aboard 

the vessel, which is a place that RCCL and/or PARK WEST invited Plaintiff and/or a place RCCL

and/or PARK WEST reasonably expected Plaintiff to visit during the cruise.

24. On or about June 27, 2019, RCCL and/or its agents, servants and/or employees 

breached its duty to warn Plaintiff through the following acts and/or omissions:

a. Failure to timely and/or reasonably warn Plaintiff that the subject steps were

not well lit; stated differently, a person with average perceptive abilities 

exercising reasonable care under the circumstances for their own safety, like 

Plaintiff, could not appreciate the steps and/or their contours due to the 

inadequate lighting in the area of the subject steps; and/or

b. Failure to timely and/or reasonably warn Plaintiff that subject steps were 

unreasonably slippery; stated differently, that a person with average perceptive 

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abilities exercising reasonable care under the circumstances for their own 

safety, like Plaintiff, could not appreciate the unreasonably slippery nature of 

the steps until using same; and/or

c. Failure to timely and/or reasonably warn Plaintiff that the hand rails near the 

steps were blocked by an art exhibit(s) RCCL and/or PARK WEST placed to 

sell said art; stated differently, a person with average perceptive abilities 

exercising reasonable care under the circumstances for their own safety, like 

Plaintiff, could not recognize the existence of the hand rails and/or made use of 

them due to the art exhibit(s) that obstructed view and/or use of the hand rails; 

and/or

d. Failure to barricade and/or block off the subject steps so as to warn and/or 

protect passengers, including the Plaintiff, of the dangerous conditions 

associated with same; and/or

e. Failure to place signs and/or secured mechanisms near the subject steps so as to 

warn passengers, including the Plaintiff, of the dangerous conditions associated 

with same.

25. The above acts and/or omissions caused and/or contributed to the Plaintiff being 

injured because Plaintiff would not have used the subject steps and/or would have been reasonably 

informed as to the dangerous conditions associated with the subject steps had RCCL and/or their

agents, servants and/or employees adequately warned and/or communicated the foregoing to the 

Plaintiff.

26. At all times material hereto, RCCL knew of the foregoing dangerous conditions 

causing Plaintiff’s incident and failed to warn Plaintiff about them, or the conditions existed for a 

sufficient length of time so that RCCL, in the exercise of reasonable care under the circumstances, 

should have learned of them and warned about them

27. As a direct and proximate result of RCCL’s negligence, Plaintiff was injured about 

Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment of life, 

disability, disfigurement, aggravation of any previously existing conditions therefrom, incurred 

medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical handicap, lost 

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wages and Plaintiff’s working ability has been impaired. The injuries are permanent or continuing 

in nature, and Plaintiff will suffer the losses and impairments in the future. In addition, Plaintiff 

lost the benefit of Plaintiff’s vacation, cruise, and transportation costs. Further, the injuries 

resulting from his incident are permanent or continuing in nature and Plaintiff will suffer these 

losses and impairments into the future.

WHEREFORE, Plaintiff demands judgment for all damages recoverable under the law 

and demands trial by jury.

COUNT II – NEGLIGENT FAILURE TO MAINTAIN AGAINST RCCL

Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs one 

(1) through twenty (20) as though alleged originally herein.

28. At all times material, RCCL owned, operated, managed, maintained and/or 

controlled the subject vessel and permitted PARK WEST to display art aboard the vessel at the 

location Plaintiff sustained her injuries. 

29. At all times material hereto, RCCL had a duty to provide Plaintiff with reasonable 

care under the circumstances, which included a duty to reasonably maintain the lighting, steps

and/or hand rails aboard the vessel.

30. On or about June 27, 2019, RCCL and/or its agents, servants and/or employees 

breached its duty to reasonably maintain the lighting, steps and/or hand rails aboard the vessel

through the following acts and/or omissions:

a. Failure to adequately and/or regularly maintain sufficient lighting near the steps 

at which RCCL permitted PARK WEST to display an art exhibit(s) aboard the 

vessel; and/or

b. Failure to adequately and/or regularly maintain a reasonably safe coefficient of 

friction for the subject steps; and/or

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c. Failure to adequately and/or regularly maintain the hand rails near the steps at 

which RCCL permitted PARK WEST to display an art exhibit(s) aboard the 

vessel to determine if said hand rails were obstructed.

31. The above acts and/or omissions caused and/or contributed to the Plaintiff being 

severely injured because Plaintiff’s incident would not have occurred but for RCCL’s failure to 

reasonably maintain the lighting, steps and/or hand rails in the Bolero Lounge aboard the vessel.

32. At all times material hereto, RCCL knew of the foregoing dangerous conditions 

causing Plaintiff’s incident and failed to inspect and/or maintain the subject area, or the conditions 

existed for a sufficient length of time so that RCCL, in the exercise of reasonable care under the 

circumstances, should have learned of them. 

33. As a direct and proximate result of RCCL’s negligence, Plaintiff was injured about 

Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment of life, 

disability, disfigurement, aggravation of any previously existing conditions therefrom, incurred 

medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical handicap, lost 

wages and Plaintiff’s working ability has been impaired. The injuries are permanent or continuing 

in nature, and Plaintiff will suffer the losses and impairments in the future. In addition, Plaintiff 

lost the benefit of Plaintiff’s vacation, cruise, and transportation costs. Further, the injuries 

resulting from his incident are permanent or continuing in nature and Plaintiff will suffer these 

losses and impairments into the future.

WHEREFORE, Plaintiff demands judgment for all damages recoverable under the law 

and demands trial by jury.

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COUNT III – GENERAL NEGLIGENCE AGAINST RCCL

Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs one 

(1) through twenty (20) as though alleged originally herein.

34. At all times material, RCCL owned, operated, managed, maintained and/or 

controlled the subject vessel and permitted PARK WEST to display art aboard the vessel at the 

location Plaintiff sustained her injuries. 

35. At all times material hereto, RCCL had a duty to provide Plaintiff with reasonable 

care under the circumstances.

36. On or about June 27, 2019, RCCL and/or its agents, servants and/or employees 

breached its duty to provide Plaintiff with reasonable care under the circumstances through the 

following acts and/or omissions:

a. Failing to timely and/or reasonably remedy the dangerous conditions associated 

with the inadequate lighting in the area of the subject steps; and/or

b. Failing to timely and/or reasonably remedy the dangerous conditions associated 

with unreasonably slippery steps in the area of Plaintiff’s incident; and/or

c. Failing to timely and/or reasonably remedy the dangerous conditions associated 

with the obstructions to the hand rails near the subject steps; and/or

d. Failure to conduct adequate and/or periodic inspections of the area at which 

RCCL permitted PARK WEST to display its art exhibit(s) to determine if the 

area was safely maintained; and/or

e. Failure to provide a reasonably safe passing area(s) for passengers, including 

the Plaintiff, to use while visiting the area aboard the vessel at RCCL permitted 

PARK WEST to display art.

37. The above acts and/or omissions caused and/or contributed to the Plaintiff being 

severely injured because Plaintiff’s incident and resulting injuries would not have occurred but for 

such acts and/or omissions.

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38. At all times material hereto, RCCL knew of the foregoing dangerous conditions 

causing Plaintiff’s incident and failed to warn Plaintiff about them, or the conditions existed for a 

sufficient length of time so that RCCL, in the exercise of reasonable care under the circumstances, 

should have learned of them and warned about them. 

39. As a direct and proximate result of RCCL’s negligence, Plaintiff was injured about 

Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment of life, 

disability, disfigurement, aggravation of any previously existing conditions therefrom, incurred 

medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical handicap, lost 

wages and Plaintiff’s working ability has been impaired. The injuries are permanent or continuing 

in nature, and Plaintiff will suffer the losses and impairments in the future. In addition, Plaintiff 

lost the benefit of Plaintiff’s vacation, cruise, and transportation costs. Further, the injuries 

resulting from his incident are permanent or continuing in nature and Plaintiff will suffer these 

losses and impairments into the future.

WHEREFORE, Plaintiff demands judgment for all damages recoverable under the law 

and demands trial by jury.

COUNT IV – NEGLIGENT FAILURE TO WARN AGAINST PARK WEST

Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs one 

(1) through twenty (20) as though alleged originally herein.

40. At all times material, PARK WEST displayed art aboard the vessel (and specifically 

at the location Plaintiff sustained her injuries), and thereby had the ability to jointly control (i.e., 

along with RCCL) the areas aboard the vessel at which it displayed its art.

41. At all times material hereto, PARK WEST had a duty to provide Plaintiff with 

reasonable care under the circumstances, which included a duty to warn the Plaintiff of dangerous 

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conditions PARK WEST knew and/or should have known of aboard the vessel, and specifically, 

in places aboard the vessel that PARK WEST invited Plaintiff to visit and/or in places PARK 

WEST reasonably expected that Plaintiff would visit. 

42. On or about June 27, 2019, the Plaintiff visited the PARK WEST art exhibit display

aboard the vessel, which is a place that RCCL and/or PARK WEST invited Plaintiff and/or a place 

RCCL and/or PARK WEST reasonably expected Plaintiff to visit during the cruise.

43. On or about June 27, 2019, PARK WEST and/or its agents, servants and/or 

employees breached its duty to warn Plaintiff through the following acts and/or omissions:

a. Failure to timely and/or reasonably warn Plaintiff that the subject steps were

not well lit; stated differently, a person with average perceptive abilities 

exercising reasonable care under the circumstances for their own safety, like 

Plaintiff, could not appreciate the steps and/or their contours due to the 

inadequate lighting in the area of the subject steps; and/or

b. Failure to timely and/or reasonably warn Plaintiff that subject steps were 

unreasonably slippery; stated differently, that a person with average perceptive 

abilities exercising reasonable care under the circumstances for their own 

safety, like Plaintiff, could not appreciate the unreasonably slippery nature of 

the steps until using same; and/or

c. Failure to timely and/or reasonably warn Plaintiff that the hand rails near the 

steps were blocked by an art exhibit(s) RCCL and/or PARK WEST placed to 

sell said art; stated differently, a person with average perceptive abilities 

exercising reasonable care under the circumstances for their own safety, like 

Plaintiff, could not recognize the existence of the hand rails and/or made use of 

them due to the art exhibit(s) that obstructed view and/or use of the hand rails; 

and/or

d. Failure to barricade and/or block off the subject steps so as to warn and/or 

protect passengers, including the Plaintiff, of the dangerous conditions 

associated with same; and/or

e. Failure to place signs and/or secured mechanisms near the subject steps so as to 

warn passengers, including the Plaintiff, of the dangerous conditions associated 

with same.

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44. The above acts and/or omissions caused and/or contributed to the Plaintiff being 

injured because Plaintiff would not have used the subject steps and/or would have been reasonably 

informed as to the dangerous conditions associated with the subject steps had PARK WEST and/or 

their agents, servants and/or employees adequately warned and/or communicated the foregoing to 

the Plaintiff.

45. At all times material hereto, PARK WEST knew of the foregoing dangerous 

conditions causing Plaintiff’s incident and failed to warn Plaintiff about them, or the conditions 

existed for a sufficient length of time so that PARK WEST, in the exercise of reasonable care 

under the circumstances, should have learned of them and warned about them

46. As a direct and proximate result of PARK WEST’s negligence, Plaintiff was injured 

about Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment 

of life, disability, disfigurement, aggravation of any previously existing conditions therefrom, 

incurred medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical 

handicap, lost wages and Plaintiff’s working ability has been impaired. The injuries are permanent 

or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. In 

addition, Plaintiff lost the benefit of Plaintiff’s vacation, cruise, and transportation costs. Further, 

the injuries resulting from his incident are permanent or continuing in nature and Plaintiff will 

suffer these losses and impairments into the future.

WHEREFORE, Plaintiff demands judgment for all damages recoverable under the law 

and demands trial by jury.

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COUNT V – NEGLIGENT FAILURE TO MAINTAIN AGAINST PARK WEST

Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs one 

(1) through twenty (20) as though alleged originally herein.

47. At all times material, PARK WEST displayed art aboard the vessel (and specifically 

at the location Plaintiff sustained her injuries), and thereby had the ability to jointly control (i.e., 

along with RCCL) the areas aboard the vessel at which it displayed its art. 

48. At all times material hereto, PARK WEST had a duty to provide Plaintiff with 

reasonable care under the circumstances, which included a duty to reasonably maintain the 

lighting, steps and/or hand rails in the areas aboard the vessel that PARK WEST displayed its art 

to passengers.

49. On or about June 27, 2019, PARK WEST and/or its agents, servants and/or 

employees breached its duty to reasonably maintain the lighting aboard the vessel through the 

following acts and/or omissions:

a. Failure to adequately and/or regularly maintain sufficient lighting near the steps 

at which RCCL permitted PARK WEST to display an art exhibit(s) aboard the 

vessel; and/or

b. Failure to adequately and/or regularly maintain a reasonably safe coefficient of 

friction for the subject steps; and/or

c. Failure to adequately and/or regularly maintain the hand rails near the steps at 

which RCCL permitted PARK WEST to display an art exhibit(s) aboard the 

vessel to determine if said hand rails were obstructed.

50. The above acts and/or omissions caused and/or contributed to the Plaintiff being 

severely injured because Plaintiff’s incident would not have occurred but for PARK WEST’s

failure to reasonably maintain the lighting and/or hand rails aboard the vessel.

51. At all times material hereto, PARK WEST knew of the foregoing dangerous 

conditions causing Plaintiff’s incident and failed to inspect and/or maintain the subject area, or the 

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conditions existed for a sufficient length of time so that PARK WEST, in the exercise of reasonable 

care under the circumstances, should have learned of them. 

52. As a direct and proximate result of PARK WEST’s negligence, Plaintiff was injured 

about Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment 

of life, disability, disfigurement, aggravation of any previously existing conditions therefrom, 

incurred medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical 

handicap, lost wages and Plaintiff’s working ability has been impaired. The injuries are permanent 

or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. In 

addition, Plaintiff lost the benefit of Plaintiff’s vacation, cruise, and transportation costs. Further, 

the injuries resulting from his incident are permanent or continuing in nature and Plaintiff will 

suffer these losses and impairments into the future.

WHEREFORE, Plaintiff demands judgment for all damages recoverable under the law 

and demands trial by jury.

COUNT VI – GENERAL NEGLIGENCE AGAINST PARK WEST

Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs one 

(1) through twenty (20) as though alleged originally herein.

53. At all times material, PARK WEST displayed art aboard the vessel (and specifically 

at the location Plaintiff sustained her injuries), and thereby had the ability to jointly control (i.e., 

along with RCCL) the areas aboard the vessel at which it displayed its art. 

54. At all times material hereto, PARK WEST had a duty to provide Plaintiff with 

reasonable care under the circumstances.

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55. On or about June 27, 2019, PARK WEST and/or its agents, servants and/or 

employees breached its duty to provide Plaintiff with reasonable care under the circumstances

through the following acts and/or omissions:

a. Failing to timely and/or reasonably remedy the dangerous conditions associated 

with the inadequate lighting in the area of the subject steps; and/or

b. Failing to timely and/or reasonably remedy the dangerous conditions associated 

with unreasonably slippery steps in the area of Plaintiff’s incident; and/or

c. Failing to timely and/or reasonably remedy the dangerous conditions associated 

with the obstructions to the hand rails near the steps; and/or

d. Failure to conduct adequate and/or periodic inspections of the area at which 

PARK WEST displayed its art exhibit(s); and/or

e. Failure to provide a reasonably safe passing area(s) for passengers, including 

the Plaintiff, to use while visiting the area aboard the vessel at RCCL permitted 

PARK WEST to display its art exhibit(s).

56. The above acts and/or omissions caused and/or contributed to the Plaintiff being 

severely injured because Plaintiff’s incident and resulting injuries would not have occurred but for 

such acts and/or omissions.

57. At all times material hereto, PARK WEST knew of the foregoing dangerous 

conditions causing Plaintiff’s incident and failed to warn Plaintiff about them, or the conditions 

existed for a sufficient length of time so that PARK WEST, in the exercise of reasonable care 

under the circumstances, should have learned of them and warned about them. 

58. As a direct and proximate result of PARK WEST’s negligence, Plaintiff was injured 

about Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment 

of life, disability, disfigurement, aggravation of any previously existing conditions therefrom, 

incurred medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical 

handicap, lost wages and Plaintiff’s working ability has been impaired. The injuries are permanent 

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or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. In 

addition, Plaintiff lost the benefit of Plaintiff’s vacation, cruise, and transportation costs. Further, 

the injuries resulting from his incident are permanent or continuing in nature and Plaintiff will 

suffer these losses and impairments into the future.

WHEREFORE, Plaintiff demands judgment for all damages recoverable under the law 

and demands trial by jury.

Dated: May 19, 2020

Respectfully submitted,

LIPCON, MARGULIES,

ALSINA & WINKLEMAN, P.A.

Attorneys for Plaintiff

One Biscayne Tower, Suite 1776

2 S. Biscayne Boulevard

Miami, Florida 33131

Telephone: (305) 373-3016

Facsimile: (305) 373-6204

By: /s/ L. Alex Perez

MICHAEL A. WINKLEMAN

Florida Bar No. 36719

mwinkleman@lipcon.com

JACQUELINE GARCELL

Florida Bar No. 104358

jgarcell@lipcon.com

L. ALEX PEREZ

Florida Bar No. 125452

aperez@lipcon.com

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