UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. ____________________

NOEL DIAZ,

Plaintiff,

v.

CARNIVAL CORPORATION d/b/a CARNIVAL CRUISE LINES,

a Panamanian Corporation,

Defendant.

/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, NOEL DIAZ (hereinafter “Plaintiff”), sues Defendant, CARNIVAL 

CORPORATION (hereinafter “Defendant”), and alleges:

PRELIMINARY ALLEGATIONS

1. Plaintiff, NOEL DIAZ, is a citizen and resident of Miami, Florida.

2. Defendant, CARNIVAL CORPORATION, is a foreign entity with its principal 

place of business in Miami, Florida.

3. The matter in controversy exceeds, exclusive of interest and costs, the sum specified

by 28 USC §1332 and involves diversity of citizenship under 28 USC §1332. Alternatively, in

the event this matter does not come under the Diversity Jurisdiction of the Court, then this matter 

is being brought under the Admiralty and Maritime Jurisdiction of the Court pursuant to 28 USC 

§1333. However, Plaintiff does not waive and explicitly demands a trial by Jury.

4. At all times material, Defendant, 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. Was engaged in substantial and not isolated activity within this state;

c. Purposefully availed itself of the benefits of conducting activities within Florida by 

purposefully directing its activities in and toward the state, thus obtaining the benefits 

and protections of the state’s laws;

d. Committed one or more of the acts stated in Fla.Stat. §§48.081, 48.181, or 48.193;

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Diaz v. Carnival Corporation

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EDUARDO J. HERNANDEZ, LLC

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

county and/or state;

f. Operated vessels in the waters of this state;

g. Defendant was engaged in the business of providing to the public and Plaintiff in 

particular, for compensation, vacation cruises aboard CARNIVAL VICTORY.

5. Defendant is subject to the jurisdiction of the courts of this state.

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

Law of the United States.

7. At all times material, Defendant owned, operated, managed, maintained, and/or 

controlled CARNIVAL VICTORY. Further, Defendant employed the crewmembers, including

the crewmember who injured Plaintiff, aboard CARNIVAL VICTORY and is vicariously liable 

for the negligence of its crewmembers.

8. At all times material, Defendant had exclusive custody and control of CARNIVAL 

VICTORY. 

9. On or about September 20, 2019, Plaintiff was a passenger aboard CARNIVAL 

VICTORY which was in navigable waters.

10. On or about September 20, 2019, shortly after boarding the ship while in the area 

of guest services, Plaintiff was struck hard on the lateral side of the right ankle/foot by a motorized

scooter. At the time, the passenger in the scooter was being assisted by an employee of Defendant 

who had her hand on the accelerator, accelerated the scooter, and caused the scooter to run into 

Plaintiff’s right ankle/foot. 

11. As a consequence, Plaintiff sustained injury to his right ankle/foot and necessitated 

medical care in the ship’s Medical Department.

12. As a further consequence, Plaintiff has also necessitated continued medical care 

following his return home and continues to treat.

13. All conditions precedent to the maintenance of this action have been performed, or, 

alternatively, have been waived.

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Diaz v. Carnival Corporation

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EDUARDO J. HERNANDEZ, LLC

COUNT I – NEGLIGENCE

Plaintiff realleges, adopts, and incorporates by reference the allegations in Paragraphs one

(1) through thirteen (13) as though fully alleged herein.

14. At all times material, Defendant owed Plaintiff a duty of reasonable care under the

circumstances. Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625, 79 S.Ct. 406

(1959); Everett v. Carnival Cruise Lines, Inc., 912 F.2d 1355 (11th Cir. 1990); Keefe v. Bahama 

Cruise Line, Inc., 867 F.2d 1318 (11th Cir. 1989), on remand, 715 F.Supp. 1069 (M.D.Fla. 1989).

15. On or about September 20, 2019, Defendant, and/or its agents, employees, and/or 

servants breached its/their duty to provide Plaintiff with reasonable care under the circumstances. 

16. On or about September 20, 2019, Plaintiff was injured due to the fault and/or 

negligence of Defendant, and/or its agents, employees, and/or servants as follows:

a. Failure to exercise reasonable care for Plaintiff’s safety; and/or

b. Failure to properly and non-negligently operate a motorized scooter; and/or

c. Failure to properly undertake crowd control; and/or

d. Failure to properly train its crewmembers in the proper and safe operation of 

motorized scooters; and/or

e. Failure to properly supervise its crewmembers in the proper and safe operation of 

motorized scooters; and/or

f. Failure to properly train its crewmembers in crowd control; and/or

g. Failure to properly supervise its crewmembers in crowd control; and/or

h. Failure to comply with safety codes and standards designed and promulgated to reduce 

the risk of the type of accident suffered by Plaintiff; and/or

i. Failure to have adequate risk management procedures in place designed to reduce the 

occurrence of the type of accident suffered by Plaintiff; and/or

j. Failure to implement available safety and ergonomic standards designed to reduce 

and/or prevent the type of accident suffered by Plaintiff; and/or

k. Failure to take steps as a result of prior similar incidents to reduce and/or prevent the 

type of accident suffered by Plaintiff. 

17. Defendant created the foregoing conditions causing Plaintiff’s accident.

18. Alternatively, Defendant knew of the foregoing conditions causing Plaintiff’s

accident and did not correct them, or the conditions existed for a sufficient length of time so that 

Defendant, in the exercise of reasonable care under the circumstances, should have learned of them 

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EDUARDO J. HERNANDEZ, LLC

and corrected them. 

19. The conditions created and/or known to Defendant occurred with sufficient 

regularity so as to be reasonably foreseeable to Defendant. 

20. As a direct and proximate result of the negligence of Defendant, Plaintiff was 

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

enjoyment of life, disability, disfigurement, aggravation of previously existing conditions; 

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

handicap; and has incurred loss of past wages and will incur lost wages and loss of earning capacity

in the future. The injuries are permanent or continuing in nature, and Plaintiff will suffer the 

losses and impairments in the future. Further, as the incident occurred shortly after boarding, 

Plaintiff lost the value of his cruise.

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

against Defendant, interest as permitted by law, and demands a trial by Jury.

DATE: July 3, 2020

Respectfully submitted,

EDUARDO J. HERNANDEZ, LLC

Attorneys for Plaintiff

10691 N. Kendall Drive – Suite 109

Miami, Florida 33176

Telephone: (305) 567-0910

Facsimile: (786) 454-8905

By: /s/ Eduardo J. Hernandez 

EDUARDO J. HERNANDEZ

Florida Bar No. 061451

ehernandez@ejh-law.com

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