UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

DAVID JOACHIM and DENISE JOACHIM 

Plaintiffs, 

v. 

CARNIVAL CORPORATION D/B/A 

CARNIVAL CRUISE LINE, 

Defendant. 

COMPLAINT AND DEMAND FOR JURY TRIAL

The Plaintiff, DAVID JOACHIM and DENISE JOACHIM, by and through the 

undersigned counsel, sues the Defendant, CARNIVAL CORPORATION D/B/A CARNIVAL 

CRUISE LINE, and in further support thereof alleges as follows:

FACTS AND ALLEGATIONS COMMON TO ALL COUNTS

1. This is an action for damages in excess of the sum of Seventy-Five Thousand

($75,000 .00) Dollars.

2. At all times material herein, the Defendant, CARNIVAL CORPORATION D/B/A

CARNIVAL CRUISE LINE, was and is licensed to do business in the United States, and was 

otherwise the owner and operator in possession of a cruise ship, CARNIVAL VALOR, which 

sailed from the port of New Orleans. CARNIVAL CORPORATION has designated NRAI 

SERVICES, INC. located at 1200 South Pine Island Rd. Plantation, FL 33324 as its registered 

agent and has a principal place of business address located at 3655 NW 87th Ave. MLGL815, 

Miami, FL 33178. 

3. The Plaintiff, DAVID JOACHIM, is a bona fide resident of the State of Louisiana.

1:20cv23343

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4. The Plaintiff, DENISE JOACHIM, is a bona fide resident of the State of Louisiana.

5. Jurisdiction is proper in the Federal Court of the United States, Southern District of

Florida, insofar as diversity of citizenship exists between the Plaintiff, DAVID JOACHIM, a bona 

fide resident of the State of Louisiana and the Defendant, CARNIVAL CORPORATION D/B/A 

CARNIVAL CRUISE LINE, who has a principal place of business located at 3655 NW 87th Ave, 

MLGL815, Miami, FL 33178. Venue is proper as the undersigned counsel has a good faith belief 

that the United States Court for the Southern District of Florida is the forum chosen by Defendants 

by way of the CRUISE TICKET given to the Plaintiff, DAVID JOACHIM. The Plaintiff is not 

in possession of such ticket and believes the Defendants are in the sole possession of said ticket at 

this time. 

6. On or about August 17th, 2019, the Plaintiff, DAVID JOACHIM, was a business

invitee on the cruise ship owned and operated by the Defendant, CARNIVAL CORPORATION 

D/B/A CARNIVAL CRUISE LINE, THE CARNIVAL VALOR.

7. On or about August 17th, 2019, the Plaintiff, DAVID JOACHIM, was a business

invitee on the foresaid cruise ship controlled or otherwise maintained by CARNIVAL 

CORPORATION D/B/A CARNIVAL CRUISE LINE. 

8. On or about August 17th, 2019, the Plaintiff, DAVID JOACHIM, was injured when

his bunk collapsed throwing him to the ground and causing considerable personal injury.

9. More specifically, on or about August 17th, 2019, Plaintiff, DAVID JOACHIM,

was a guest passenger aboard the CARNIVAL VALOR. As plaintiff, DAVID JOACHIM sat on 

the bed in his cabin, when it suddenly and without warning collapsed giving way and causing 

Plaintiff, DAVID JOACHIM, to fall on the ground resulting in severe and debilitating personal 

injuries. 

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10. The sole and proximate cause of the incident resulting from the injuries to Plaintiff,

DAVID JOACHIM, is based on the Defendants failure to properly maintain its subject property 

on its cruise ship, the CARNIVAL VALOR, in a reasonably safe condition.

11. As a result of the aforementioned, the plaintiff, DAVID JOACHIM, suffered severe

and debilitating injuries, the damages for which need to be determined by this court and a jury at 

trial in the following particulars:

• Past present and future pain and suffering;

• Past present and future medical expenses;

• Mental anguish;

• Medical expenses;

• Permanent disability;

• Past present and future lost wages;

• Loss of future earning capacity;

• Loss of consortium with his wife;

• Attorney’s fees and costs awardable as permissible under the pertinent law.

COUNT I

JOAQUIM and JOACHIM VS. CARNIVAL CORP D/B/A CARNIVAL CRUISE LINE

12. At all times material hereto, the Defendant, CARNIVAL CORPORATION D/B/A

CARNIVAL CRUISE LINE., had a duty to maintain the cabins where passengers of the 

CARNIVAL VALOR were staying during the course of their cruise in a reasonably safe condition 

as well as to maintain the furniture and fixtures including, not limited to, the beds, in a reasonable 

state of repair. The Defendant, CARNIVAL CORPORATION D/B/A CARNIVAL CRUISE 

LINE had a duty to properly maintain and provide a reasonably safe environment within the cabins 

in a proper state of repair.

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13. On or about August 17th, 2019, the time of Plaintiff’s accident herein, the

Defendant, CARNIVAL CORPORATION D/B/A CARNIVAL CRUISE LINE, through its 

agents, servants or its employees, breached the duty of care owed to the 

Plaintiff, DAVID JOACHIM, in one or more of the following ways:

• Negligently maintained the bed in Plaintiff’s, DAVID JOACHIM’S cabin, in functional

order;

• Negligently failed to warn of any defects/deficiencies of the subject bed prior to

plaintiff, DAVID JOACHIM, boarding the subject vessel;

• Failed to correct/or properly maintain the subject bed in the quarters assigned to Plaintiff,

DAVID JOACHIM, in functional order so that it would not collapse while being used for 

the purposes thereof;

• Failed to properly inspect the subject bed in the quarters assigned to Plaintiff, DAVID

JOACHIM, to determine the suitability of the subject bed for the purposes for which it was 

provided prior to assigning the subject quarters to Plaintiff, DAVID JOACHIM;

• Failed to properly repair the bed in the quarters assigned to Plaintiff, DAVID JOACHIM,

in the quarters assigned to him for the purposes provided;

• Was otherwise negligent as discovery may reveal.

14. At all times material hereto, the Defendant, CARNIVAL CORPORATION D/B/A

CARNIVAL CRUISE LINE, knew or in the exercise of reasonable care, should have known of 

the existence of the state of disrepair in the cabin assigned to Plaintiff, DAVID JOACHIM, for the 

purposes provided, including but not limited to the subject bed.

15. The Defendant, CARNIVAL CORPORATION D/B/A CARNIVAL CRUISE

LINE, by and through its agents, servants or employees, breached the duty owed to the 

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Plaintiff, DAVID JOACHIM, by failing to warn of the potential hazards and dangerous condition 

existing in the subject cabin; specifically, the bed for the purposes provided. Needless to say, the 

Defendant, CARNIVAL CORPORATION D/B/A CARNIVAL CRUISE LINE failed to properly 

inspect and maintain the cabin assigned to Plaintiff, DAVID JOACHIM, which was in poor state 

of repair.

16. As a direct and proximate result of the Defendant's negligence, CARNIVAL

CORPORATION D/B/A CARNIVAL CRUISE LINE, the Plaintiff, DAVID JOACHIM , had the 

subject bed collapse under him as he sat unsafe, thereby suffering significant bodily injury, 

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

enjoyment of life, the expense of hospitalization, medical and nursing care and treatment, loss of 

earnings, loss of ability to earn money in the future, and aggravation of previous existing condition. 

These losses are permanent and continuing and Plaintiff, DAVID JOACHIM, will suffer these 

losses into the future.

WHEREFORE, Plaintiff, DAVID JOACHIM and DENISE JOACHIM, respectfully 

requests that this court enter judgment in accordance with the above referenced against Defendant, 

CARNIVAL CORPORATION D/B/A CARNIVAL CRUISE LINE, and further demands trial by 

jury as of right.

COUNT II LOSS OF CONSORTIUM

17. The plaintiff restates and reasserts paragraph 1-11, and further states as follows;

18. As a result of the aforementioned, the Plaintiff, DENISE JOACHIM, suffered a

loss of consortium with her husband, Plaintiff, DAVID JOACHIM

19. At all times material hereto the Plaintiff DAVID JOACHIM was continuously

married to his wife DENISE JOACHIM.

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20. Said marriage between DAVID JOACHIM and DENISE JOACHIM is lawful and

are legally husband and wife. At the time that Plaintiff, DAVID JOACHIM, suffered the subject 

injury consequent to the negligence alleged above, he was married to DENISE JOACHIM.

21. As a direct and further proximate result of Defendant negligence as alleged above,

Plaintiff, DENISE JOACHIM, has suffered permanent loss or diminution in her husband’s 

society, comfort, services, and consortium.

22. Furthermore, as a result of the above injuries to Plaintiff, DAVID JOACHIM,

both he and his wife DENISE JOACHIM have and are suffering a loss of consortium. 

WHEREFORE, Plaintiff, DAVID JOACHIM and DENISE JOACHIM, respectfully 

requests that this court enter judgment in accordance with the above referenced against Defendant, 

CARNIVAL CORPORATION D/B/A CARNIVAL CRUISE LINE, and further demands trial by 

jury as of right. 

DEMAND FOR JURY TRIAL

The Plaintiffs, DAVID JOACHIM and DENISE JOACHIM, further demand trial by jury 

as to all issues triable as of right. 

Dated this August 11

th, 2020 

A to Z Injury Law, PLLC. 

Counsel for Plaintiff 

9370 S.W. 72 Street Suite A-255 

Miami, Florida 33173 

Phone (305) 279-7280 

rubenchavez@atozinjurylaw.com 

lilyperez@atozinjurylaw.com

Michelle@lssmiami.com 

BY: /s/: Ruben V. Chavez 

RUBEN V. CHAVEZ. 

FBN 0148822 

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