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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

MARY ANN DIMITRI

Plaintiff,

vs.

CARNIVAL CORP., d/b/a 

CARNIVAL CRUISE LINES, INC.,

Defendant.

_______________________________/

COMPLAINT

COMES NOW, the Plaintiff, MARY ANN DIMITRI, by and through undersigned 

counsel, and sues the Defendant, CARNIVAL CORP., d/b/a CARNIVAL CRUISE LINES, INC. 

and further states as follows:

JURISDICTIONAL AND VENUE ALLEGATIONS

1. This is an action for damages in excess of $75,000.00, exclusive of interest and costs.

2. Plaintiff, MARY ANN DIMITRI, is sui juris, and a citizen and resident of the state of 

South Carolina.

3. Defendant CARNIVAL CORPORATION (CARNIVAL) is a Panamanian corporation 

with its principal place of business in Miami-Dade County, Florida. At all times material 

Defendant CARNIVAL CORPORATION does business under the fictitious name of 

CARNIVAL CRUISE LINES, INC. For jurisdictional purposes, CARNIVAL is both a 

citizen of Panama and a citizen of Florida.

4. Subject matter jurisdiction exists based on diversity of citizenship pursuant to 28 U.S.C. 

1332, as alleged above, because there is complete diversity of citizenship between the 

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parties and the amount of damages claimed exceeds $75,000.00 which is the minimum 

jurisdictional amount required for diversity of jurisdiction cases. In addition, jurisdiction 

also exists pursuant to 28 U.S. C. 1333 because this is a maritime cause of action.

5. At all times material hereto, the Defendant has conducted ongoing, substantial and not 

isolated business activity in Miami-Dade County, Florida, in the Southern District of 

Florida, so that in personam jurisdiction exists in the United States District Court for the 

Southern District of Florida.

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

cruise vessels for paying passengers including the Plaintiff.

7. In its ticket contract with Plaintiff, Defendant requires fare-paying passengers like 

Plaintiff to bring any lawsuit against Defendant arising out of injuries or events occurring 

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

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

located within this district. 

GENERAL ALLEGATIONS

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

10. Defendant owed Plaintiff a duty of reasonable care in the circumstances.

11. On or about September 24, 2019, the Plaintiff was injured aboard Defendant’s cruise ship 

CARNIVAL SUNSHINE as a result of the failure to monitor an inebriated passenger 

named JOANNE BAXTER who staggered into the Plaintiff and knocked her forcefully to 

the deck.

12. On the aforesaid date, Defendant owned and/or operated the CARNIVAL SUNSHINE.

COUNT ONE-NEGLIGENCE

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13. Plaintiff reavers and realleges paragraphs One through Twelve as if set forth herein.

14. On the aforesaid date, the Plaintiff happened to be in the casino area of the ship when she 

observed a female passenger staggering along the hallway in an obviously intoxicated 

state.

15. Plaintiff observed that even though there were Carnival employees watching this 

inebriated passenger, no one was doing anything to assist her or to protect other 

passengers like Plaintiff from this drunken passenger who was not in control of her 

faculties. In addition, there were numerous cameras in the immediate vicinity that would 

have seen the drunken passenger as she staggered through the area.

16. The Defendant failed to exercise reasonable care in the circumstances by failing to 

monitor the area so as to keep other passengers safe from this obviously inebriated and 

drunken passenger.

17. Although Plaintiff attempted to get out of the way of this drunken passenger, the drunken 

passenger suddenly lurched into the Plaintiff, striking her forcefully and knocking her 

down to the floor. 

18. On or about the aforesaid date, Plaintiff suffered serious personal injury while she was

aboard CARNIVAL SUNSHINE by reason of an unreasonably dangerous fellow 

passenger who was obviously drunk and inebriated and unable to care for her own safety 

and that of other passengers like Plaintiff.

19. Defendant has policies and procedures to stop serving obviously inebriated passengers 

and to escort them to their cabins if they are obviously intoxicated as was the case here. 

20. Notwithstanding Defendant’s duty as aforesaid, Defendant breached its duty by 

unreasonably:

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a. Failing to properly monitor an obviously inebriated passenger, and/or;

b. Failing to stop serving alcoholic beverages to an obviously inebriated passenger, 

and/or;

c. Failing to monitor closed circuit television cameras so as to take control of an 

obviously inebriated passenger, and/or;

d. Failing to follow its own policies and procedures regarding the care and safety of 

passengers like Plaintiff in regard to harm caused by intoxicated passengers, 

and/or;

e. Failing to properly supervise a public area of the ship, and/or;

f. Failing to warn Plaintiff of the dangers of drunken passengers being unsupervised, 

and/or;

21. At all times material, the dangerous conditions existed for a sufficient period of time that 

Defendant had constructive and/or actual knowledge of the dangerous conditions and/or 

Defendant had actual knowledge of the dangerous conditions hereinbefore alleged in 

paragraph twenty to have caused or contributed to causing Plaintiff’s injury. 

22. As a result of the foregoing, the Plaintiff was seriously injured when she was caused to be 

knocked to the deck by an obviously inebriated passenger. Among other injuries, Plaintiff 

suffered a fractured hip which required surgery.

23. At all times material hereto, the Plaintiff acted with reasonable care for her own safety

and was exercising reasonable care in the circumstances for her own safety.

24. As a result of the negligence of the Defendant as aforesaid, the Plaintiff was injured in 

and about her body and extremities and suffered pain, mental and emotional distress and 

anguish therefrom; incurred medical expense and physical handicap and a loss of the 

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ability to enjoy life; suffered an aggravation of known and/or unknown pre-existing 

conditions, suffered a loss of enjoyment and value of the cruise; suffered scarring and 

disfigurement from surgery. Said personal injuries are permanent and/or continuing in 

nature and the Plaintiff shall continue to suffer such losses and impairments in the future.

WHEREFORE, Plaintiff demands judgment from Defendant for damages, pre-judgment interest

and costs. Jury trial is demanded.

DATED this 16th day of June, 2020.

HOFFMAN LAW FIRM

PAUL M. HOFFMAN, ESQ.

2881 East Oakland Park Boulevard

Fort Lauderdale, FL 33306

Telephone: (954) 707-5040

/s//Paul M. Hoffman, Esq.

PAUL M. HOFFMAN

Florida Bar No: 0279897

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