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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO: 1:20cv22889

KIMBERLY RENEE BOYLES,

Plaintiff,

v.

ROYAL CARIBBEAN CRUISES LTD.,

A foreign corporation,

Defendant.

_______________________________________/

COMPLAINT

 COMES NOW, Plaintiff, KIMBERLY RENEE BOYLES (‘Plaintiff’ or ‘BOYLES’), by and 

through undersigned counsel, files her Complaint for Damages against Defendant, ROYAL 

CARIBBEAN CRUISES LTD. (‘Defendant’ or ‘RCCL’), and demands trial by jury on all issues so 

triable, and states:

ALLEGATIONS COMMON TO ALL COUNTS

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

fees.

2. Jurisdiction is proper in this Court under 28 U.S.C. 1333, which provides original 

jurisdiction to United States District Courts exclusive of state courts of “any civil case of 

admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which 

they may be entitled”, and pursuant to Article III, Section 2 of the U.S. Constitution.

3. Venue is proper in the Southern District of Florida in that Defendant’s principal place of 

business is in Miami, Florida, and Defendant has agreed, in writing, that jurisdiction and 

venue are proper in the Southern District of Florida, Miami Division, under the terms of 

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the cruise ticket contract tendered by Defendant to Plaintiff. A copy of said cruise ticket is 

in the possession of RCCL.

4. At all times material, Plaintiff, KIMBERLY RENEE BOYLES, is and was a resident of 

Lee County, Florida, was over the age of 18, and is in all ways sui juris.

5. Defendant, RCCL, 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.

6. Defendant, RCCL, 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, §§48.081, 48.181 or

48.193.

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

been waived, or do notapply.

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

controlled the vessel, the M/V Vision of the Seas.

8. Between July 17, 2019 and July 29, 2019, Plaintiff was a lawful fare-paying passenger and 

business invitee aboard Defendant’s cruise ship vessel, the M/V Vision of the Seas.

9. On July 17, 2019, Plaintiff, Ms. BOYLES, lawfully boarded Defendant’s cruise ship vessel, 

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the M/V Vision of the Seas, and was assigned a stateroom by Defendant, RCCL (Stateroom 

2057 on Deck 2).

10. Immediately upon entering her assigned stateroom, Plaintiff, Ms. BOYLES, noticed the 

appearance of mold and filth, and noticed the odor of mildew inside the room.

11. Plaintiff, Ms. BOYLES, immediately reported the unacceptable condition of her stateroom 

and requested to be assigned an alternate stateroom.

12. Defendant, RCCL, refused to assign Plaintiff, Ms. BOYLES, an alternate, mold, mildew, 

and filth free stateroom.

13. Plaintiff, Ms. BOYLES, further requested that Defendant, RCCL, remediate the 

unacceptable conditions of her assigned stateroom.

14. Defendant, RCCL, engaged in superficial cleaning of Plaintiff’s, Ms. BOYLES, assigned 

stateroom; however, Defendant, RCCL, refused to remediate the mold and mildew 

throughout the stateroom.

15. Plaintiff, Ms. BOYLES, was forced to spend the entire twelve-day cruise sleeping and 

living in the mold and mildew infested stateroom.

16. On the second day of her cruise, Plaintiff, Ms. BOYLES, began to suffer the physical 

symptoms of exposure to mold, mildew, and bacteria.

17. Ms. BOYLES’ symptoms continued to get worse over the course of the cruise and 

culminated with Plaintiff, Ms. BOYLES, being taken directly from the ship by ambulance

to a hospital in Barcelona, Spain, on July 29, 2019.

18. Plaintiff, Ms. BOYLES, suffered physical and mental pain and anguish, disability, loss of 

capacity for the enjoyment of life, loss of earnings, loss of ability to earn in the future, and 

medical expenses. Said losses are either permanent or continuing in nature, and Plaintiff 

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will suffer these in the future.

COUNT I - NEGLIGENCE

19. Defendant owed a “duty to exercise reasonable care for the safety of its passengers,”

including Plaintiff herein. See, Hall v. Royal Caribbean Cruises, Ltd., 888 So. 2d 654, 

(Fla. Dist. Ct. App. 2004). Defendant also owed a ‘duty to exercise reasonable care under

the circumstances.’ See, Harnesk v. Carnival Cruise Lines, Inc., 1991 WL 329584 (S.D.

Fla. 1991).

20. Defendant's duty to maintain all areas and features of the subject vessel, included a duty to 

maintain Plaintiff’s stateroom, including a duty to regularly inspect, clean, disinfect, repair 

and maintain the stateroom.

21. Defendant either (a) created the dangerous condition, through its agents or employees;

(b) had actual knowledge of the dangerous condition; and/or (c) had constructive 

knowledge of the dangerous condition.

22. Defendant breached its duty to maintain the Plaintiff’s stateroom in a reasonably safe 

condition under the circumstances, in that, inter alia:

a. Defendant failed to maintain the stateroom free from mold; and/or 

b. Defendant failed to maintain the stateroom free from mildew; and/or 

c. Defendant failed to maintain the stateroom free from filth; and/or 

d. Defendant failed to properly remediate mold in Plaintiff’s assigned stateroom

which was reported to RCCL by Plaintiff; and/or 

e. Defendant failed to properly remediate mildew in Plaintiff’s assigned stateroom 

which was reported to RCCL by Plaintiff; and/or 

f. Defendant failed to properly remediate filth in Plaintiff’s assigned stateroom which 

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was reported to RCCL by Plaintiff; and/or 

g. Defendant failed to eliminate the hazards of mold, mildew, and filth in Plaintiff’s 

assigned stateroom; and/or 

h. Defendant failed to properly and adequate warn Plaintiff of the danger of mold, 

mildew, and filth in Plaintiff’s assigned stateroom; and/or 

i. Defendant failed to provide Plaintiff an alternate stateroom free from mold, mildew, 

and filth; and/or

j. Defendant failed to ascertain the cause of prior similar reports of mold, mildew, 

and filth in staterooms so as to take measures to prevent the accumulation of such 

conditions such that such that such conditions could be prevented; and/or 

k. Defendant failed to follow sound safety and cleaning practices with the goal of 

providing passengers, and in particular, Plaintiff, with safe staterooms; and/or 

l. Prior to and during Plaintiff’s stay aboard Defendant’s vessel, Defendant failed to 

investigate the hazards to passengers and take necessary steps to eliminate the 

hazards, minimize the hazards, or warn Plaintiff of the danger from the hazardous 

conditions of Plaintiff’s stateroom; and/or 

m. Defendant failed to provide Plaintiff with prompt, proper and adequate medical 

care, all of which contributed Plaintiff to be severely injured and further injured 

due to improper and inadequate medical care; and/or

n. Defendant violated the International Safety Management Code and failed to have a 

proper, adequate and safe Safety Management System Manual and procedures.

23. Additionally, at all times material hereto, while Plaintiff was a passenger aboard 

Defendant’s, RCCL’s vessel, the M/V Vision of the Seas, Defendant had a duty to warn its 

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passengers, including Plaintiff herein, of dangerous conditions about which Defendant 

knew or should have known in the exercise of reasonable care. 

24. Defendant either (a) itself created the dangerous condition, through its agents or employees; 

(b) had actual knowledge of the dangerous condition and failed to correct the condition; 

and/or (c) had constructive knowledge of the dangerous condition where, upon information 

and belief, the Defendant’s crewmembers were charged with regularly inspecting and 

cleaning Plaintiff’s assigned stateroom.

25. Defendant failed to warn Plaintiff, Ms. BOYLES, of the dangerous conditions about which 

Defendant, RCCL, knew or should have known in the exercise of reasonable care.

26. As a proximate result of Defendant’s negligent failure to maintain Plaintiff’s assigned 

stateroom, and Defendant’s failure to warn Plaintiff of the dangerous conditions about 

which it knew or should have known between July 17, 2019 and July 29, 2019, Plaintiff, 

Ms. BOYLES, severely injured her body.

27. Defendant’s negligence created a hazardous condition to its passengers, and to Plaintiff, 

and was known to Defendant, or had existed for a sufficient length of time such that 

Defendant should have known of it, or that such conditions occur with such frequency in 

that vessel’s staterooms and other staterooms on other of Defendant’s, RCCL, vessels so 

as to constitute prior notice to Defendant, RCCL, of that condition.

28. As a direct and proximate result of Defendant's negligence and Plaintiff’s resulting injuries, 

Plaintiff, KIMBERLY RENEE BOYLES, suffered physical and mental pain and anguish, 

disability, loss of capacity for the enjoyment of life, loss of earnings, loss of ability to earn 

in the future, and medical expenses. Said losses are either permanent or continuing in 

nature, and Plaintiff will suffer these in the future.

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 WHEREFORE, Plaintiff, KIMBERLY RENEE BOYLES, demands judgment for the stated 

damages, interest and costs against Defendant, ROYAL CARIBBEAN CRUISES LTD., 

individually and d/b/a RCCL, a trial by jury on all issues so triable, and any such other relief this 

Court deems just and proper.

COUNT II – NEGLIGENT FAILURE TO MAINTAIN

29. Defendant owed a “duty to exercise reasonable care for the safety of its passengers,”

including Plaintiff herein. See, Hall v. Royal Caribbean Cruises, Ltd., 888 So. 2d 654, 

(Fla. Dist. Ct. App. 2004). Defendant also owed a ‘duty to exercise reasonable care under

the circumstances.’ See, Harnesk v. Carnival Cruise Lines, Inc., 1991 WL 329584 (S.D.

Fla. 1991).

30. Defendant's duty to maintain all areas and features of the subject vessel, included a duty to 

maintain Plaintiff’s stateroom, including a duty to regularly inspect, clean, disinfect, repair 

and maintain the stateroom.

31. Defendant either (a) created the dangerous condition, through its agents or employees;

(b) had actual knowledge of the dangerous condition; and/or (c) had constructive 

knowledge of the dangerous condition.

32. Defendant breached its duty to maintain the Plaintiff’s stateroom in a reasonably safe 

condition under the circumstances, in that, inter alia:

a. Defendant failed to maintain the stateroom free from mold; and/or 

b. Defendant failed to maintain the stateroom free from mildew; and/or 

c. Defendant failed to maintain the stateroom free from filth; and/or 

d. Defendant failed to properly remediate mold in Plaintiff’s assigned stateroom

which was reported to RCCL by Plaintiff; and/or 

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e. Defendant failed to properly remediate mildew in Plaintiff’s assigned stateroom 

which was reported to RCCL by Plaintiff; and/or 

f. Defendant failed to properly remediate filth in Plaintiff’s assigned stateroom which 

was reported to RCCL by Plaintiff; and/or 

g. Defendant failed to eliminate the hazards of mold, mildew, and filth in Plaintiff’s 

assigned stateroom; and/or 

h. Defendant failed to ascertain the cause of prior similar reports of mold, mildew, 

and filth in staterooms so as to take measures to prevent the accumulation of such 

conditions such that such that such conditions could be prevented; and/or 

i. Defendant failed to follow sound safety and cleaning practices with the goal of 

providing passengers, and in particular, Plaintiff, with safe staterooms; and/or 

j. Prior to and during Plaintiff’s stay aboard Defendant’s vessel, Defendant failed to 

investigate the hazards to passengers and take necessary steps to eliminate the 

hazards, minimize the hazards, or warn Plaintiff of the danger from the hazardous 

condition of Plaintiff’s stateroom; and/or 

k. Defendant violated the International Safety Management Code and failed to have a 

proper, adequate and safe Safety Management System Manual and procedures.

33. As a proximate result of Defendant’s negligent failure to maintain Plaintiff’s assigned 

stateroom, and Defendant’s failure to warn Plaintiff of the dangerous conditions about 

which it knew or should have known Between July 17, 2019 and July 29, 2019, Plaintiff, 

Ms. BOYLES, severely injured her body.

34. Defendant’s negligence created a hazardous condition to its passengers, and to Plaintiff, 

and was known to Defendant, or had existed for a sufficient length of time such that 

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Defendant should have known of it, or that such conditions occur with such frequency in 

that vessel’s staterooms and other staterooms on other of Defendant’s, RCCL, vessels so 

as to constitute prior notice to Defendant, RCCL, of that condition.

35. As a direct and proximate result of Defendant's negligence and Plaintiff’s resulting injuries, 

Plaintiff, KIMBERLY RENEE BOYLES, suffered physical and mental pain and anguish, 

disability, loss of capacity for the enjoyment of life, loss of earnings, loss of ability to earn 

in the future, and medical expenses. Said losses are either permanent or continuing in 

nature, and Plaintiff will suffer these in the future.

 WHEREFORE, Plaintiff, KIMBERLY RENEE BOYLES, demands judgment for the stated 

damages, interest and costs against Defendant, ROYAL CARIBBEAN CRUISES LTD., 

individually and d/b/a RCCL, a trial by jury on all issues so triable, and any such other relief this 

Court deems just and proper.

COUNT III – NEGLIGENT FAILURE TO WARN

36. At all times material hereto, while Plaintiff was a passenger aboard Defendant’s, RCCL, 

vessel, the M/V Vision of the Seas, Defendant had a duty to warn its passengers, including 

Plaintiff herein, of dangerous conditions about which Defendant knew or should have 

known in the exercise of reasonable care. 

37. Defendant either (a) itself created the dangerous condition, through its agents or employees; 

(b) had actual knowledge of the dangerous condition; and/or (c) had constructive 

knowledge of the dangerous condition.

38. Defendant breached its duty and failed to warn Plaintiff, Ms. BOYLES, of the dangerous 

conditions about which Defendant, RCCL, knew or should have known in the exercise of 

reasonable care, in that, such conditions occur with such frequency in that vessel’s 

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staterooms and other staterooms on other of Defendant’s, RCCL, vessels so as to constitute 

prior notice to Defendant, RCCL, of that condition.

39. As a proximate result of Defendant’s negligent failure to maintain Plaintiff’s assigned 

stateroom, and Defendant’s failure to warn Plaintiff of the dangerous conditions about 

which it knew or should have known Between July 17, 2019 and July 29, 2019, Plaintiff, 

Ms. BOYLES, severely injured her body.

40. As a direct and proximate result of Defendant's negligent failure to warn Plaintiff of the 

dangerous condition about which it knew or should have known and Plaintiff’s resulting 

injuries, Plaintiff, KIMBERLY RENEE BOYLES, suffered physical and mental pain and 

anguish, disability, loss of capacity for the enjoyment of life, loss of earnings, loss of ability 

to earn in the future, and medical expenses. Said losses are either permanent or continuing 

in nature, and Plaintiff will suffer these in the future.

 WHEREFORE, Plaintiff, KIMBERLY RENEE BOYLES, demands judgment for the stated 

damages, interest and costs against Defendant, ROYAL CARIBBEAN CRUISES LTD., 

individually and d/b/a RCCL, a trial by jury on all issues so triable, and any such other relief this 

Court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff, KIMBERLY RENEE BOYLES, demands trial by jury on all issues so triable. 

Dated: July 13, 2020.

Respectfully submitted,

/s/ Kelly Ann L. May, Esq.

Frank D. Butler, Esquire

FBN: 940585

Kelly Ann L. May, Esquire

FBN: 59286

Frank D. Butler, P.A.

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10550 U.S. Hwy. 19 North

Pinellas Park, FL 33782

Tel: (727)399-2222

Fax: (727)399-2202

courtdocserve@fdblawfirm.com

kmay@fightingforfamilies.com

JSeigler@fightingforfamilies.com

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