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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

IN ADMIRALITY

CASE NO: 1:20-cv-23338

J.A.L., a minor by and through her

Natural Parent and Legal Guardian 

ANGELIKA JEAN LOPEZ,

Plaintiff, 

v.

CARNIVAL CORPORATION, individually 

and d/b/a CARNIVAL CRUISE LINES, 

a foreign corporation,

Defendant.

___________________________________/

COMPLAINT

 COMES NOW, Plaintiff, J.A.L., a minor, by and through her Natural Parent and Legal 

Guardian, ANGELIKA JEAN LOPEZ, by and through the undersigned attorneys and files her 

Complaint against Defendant, CARNIVAL CORPORATION, individually and d/b/a CARNIVAL 

CRUISE LINES, a foreign corporation, and states:

ALLEGATIONS COMMON TO ALL COUNTS

1. This is an action for damages that exceed $75,000.00, exclusive of attorney's fees and costs.

2. At all material times, Plaintiff, J.A.L., a minor, and her Natural Parent and Legal Guardian, 

ANGELIKA JEAN LOPEZ, were residents of Corpus Christi, Nueces County, Texas.

3. At all material times, Defendant, CARNIVAL CORPORATION, is and was a foreign 

corporation licensed to conduct business in the State of Florida, and did conduct business 

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in Florida as CARNIVAL CRUISE LINES, providing cruise ship voyages to paying 

passengers, and owned and/or operated a cruise ship known as the M/V Carnival Dream.

4. 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.

5. 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 

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

in the possession of CARNIVAL CRUISE LINES.

6. On or about August 19, 2019, Plaintiff, J.A.L., was injured aboard Defendant’s vessel, the 

M/V Carnival Dream, during a cruise which originated in, and returned to, Cape 

Canaveral, Florida.

7. At all times material hereto, while Plaintiff, J.A.L., was aboard Defendant’s vessel, she 

was a fare paying passenger and business invitee of Defendant.

8. Upon information and belief, Defendant’s, CARNIVAL CRUISE LINES, crewmembers 

have a regular duty to inspect the public areas aboard CARNIVAL CRUISE LINES’ 

vessels, including the Carnival Waterworks on Deck 12 of Defendant’s vessel, the M/V 

Carnival Dream.

9. On or about August 19, 2019, Plaintiff, J.A.L., was in the Carnival Waterworks area, 

specifically, on the ‘DrainPipe’ attraction when she was violently tossed about inside the 

‘DrainPipe’ causing severe injury to J.A.L.’s face and mouth.

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10. Plaintiff, J.A.L., was seriously injured as a result of the incident in the Carnival Waterworks 

area on Deck 12 of Defendant’s vessel, the M/V Carnival Dream.

COUNT I - NEGLIGENCE

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

CARNIVAL CRUISE LINES’s, vessel, the M/V Carnival Dream, Defendant owed a “duty 

to exercise reasonable care for the safety of its passengers,” including Plaintiff herein. See, 

Hall v. Royal Caribbean Cruises, Limited, 2004 WL 1621209 (Fla. 3d DCA 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). 

12. Defendant's duty to maintain all areas and features of the subject vessel, including the 

Waterworks area on Deck 12 of Defendant’s vessel, the M/V Carnival Dream, is part of 

Defendant's duty of reasonable care under the circumstances. The duty to maintain all areas 

and features of the subject vessel, including Waterworks area on Deck 12, includes a duty 

to regularly inspect, maintain, and repair the Waterworks area on Deck 12, specifically the 

‘DrainPipe’ slide. 

13. Plaintiff, CARNIVAL CRUISE LINES, breached its duty to Plaintiff by:

a. Failing to provide a reasonably safe means of using the Waterworks area on Deck 

12, specifically the ‘DrainPipe’ slide, on Defendant’s vessel, the M/V Carnival 

Dream;

b. Allowing a dangerous condition(s) to exist upon its vessel attractions where

passengers are specifically invited. To wit; the defective, damaged, poorly 

maintained, poorly designed, and dangerous Waterworks area on Deck 12, 

specifically the ‘DrainPipe’ slide, on Defendant’s vessel, the M/V Carnival Dream;

c. Failing to warn passengers, including Plaintiff, of the hidden or latent dangerous 

condition(s). To wit; the defective, damaged, poorly maintained, poorly designed, 

and dangerous Waterworks area on Deck 12, specifically the ‘DrainPipe’ slide, on 

Defendant’s vessel, the M/V Carnival Dream;

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d. Failing to avoid, eliminate, and correct the dangerous condition(s) on its vessel. To 

wit; the defective, damaged, poorly maintained, poorly designed, and dangerous 

Waterworks area on Deck 12, specifically the ‘DrainPipe’ slide, on Defendant’s 

vessel, the M/V Carnival Dream;

e. Failing to provide or direct adequate crew to maintain the Waterworks area on Deck 

12, specifically the ‘DrainPipe’ slide, on Defendant’s vessel, the M/V Carnival 

Dream;

f. Providing negligent emergency assistance which aggravated Plaintiff’s injuries; 

and

g. Other acts of negligence yet to be discovered.

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

Defendant’s, CARNIVAL CRUISE LINES, vessel, the M/V Carnival Dream, 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. 

15. 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, 

maintaining, designing, and repairing the Waterworks area on Deck 12, specifically the 

‘DrainPipe’ slide, on Defendant’s vessel, the M/V Carnival Dream.

16. Defendant failed to warn Plaintiff, J.A.L. or her Mother, ANGELIKA JEAN LOPEZ, of 

the dangerous conditions about which Defendant, CARNIVAL CRUISE LINES, knew or 

should have known in the exercise of reasonable care.

17. As a proximate result of Defendant’s negligent failure to maintain that portion of the 

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

which it knew or should have known on or about August 17, 2019, Plaintiff, J.A.L., 

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severely injured her body.

18. 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 incidents occur with such frequency on 

that deck’s Waterworks area and other similar Waterworks areas of Defendant’s, 

CARNIVAL CRUISE LINES, vessels so as to constitute prior notice to Defendant, 

CARNIVAL CRUISE LINES, of that condition.

19. As a direct and proximate result of Defendant's negligence and Plaintiff’s resulting 

incident, Plaintiff, J.A.L., suffered physical and mental pain and anguish, disability, loss of 

capacity for the enjoyment of life, 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, J.A.L., a minor, by and through her Natural Parent and Legal 

Guardian, ANGELIKA JEAN LOPEZ, demands judgment against Defendant, CARNIVAL 

CORPORATION, individually and d/b/a CARNIVAL CRUISE LINES, a foreign corporation, for 

compensatory damages, costs, interest as allowed by law, and for such other relief as the Court 

deems just and demands a trial by jury on all issues so triable as a matter of right.

COUNT II – NEGLIGENT FAILURE TO MAINTAIN

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

CARNIVAL CRUISE LINES, vessel, the M/V Carnival Dream, Defendant owed a “duty 

to exercise reasonable care for the safety of its passengers,” including Plaintiff herein. See, 

Hall v. Royal Caribbean Cruises, Limited, 2004 WL 1621209 (Fla. 3d DCA 2004). 

Defendant also owed a ‘duty to exercise reasonable care under the circumstances.’ See, 

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Harnesk v. Carnival Cruise Lines, Inc., 1991 WL 329584 (S.D. Fla. 1991). 

21. Defendant's duty to maintain all areas and features of the subject vessel, including the 

Waterworks area on Deck 12 of Defendant’s vessel, the M/V Carnival Dream, is part of 

Defendant's duty of reasonable care under the circumstances. The duty to maintain all areas 

and features of the subject vessel, including Waterworks area on Deck 12, includes a duty 

to regularly inspect, maintain, and repair the Waterworks area on Deck 12, specifically the 

‘DrainPipe’ slide. 

22. Upon information and belief, Defendant’s, CARNIVAL CRUISE LINES, crewmembers 

failed to inspect, maintain, repair, properly design, and otherwise maintain the Waterworks 

area on Deck 12, specifically the ‘DrainPipe’ slide of Defendant’s vessel, the M/V Carnival 

Dream.

23. 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 through prior history of inspecting, cleaning, 

repairing, and maintaining the Waterworks area on Deck 12 and/or had employees charged 

with regularly inspecting, cleaning, repairing, and maintaining the stated area.

24. As a proximate result of Defendant’s negligent failure to maintain that portion of the 

Waterworks area on Deck 12 on or about August 17, 2019, Plaintiff, J.A.L., severely 

injured her body.

25. 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 incidents occur with such frequency on 

that deck’s Waterworks area and other similar Waterworks areas of Defendant’s, 

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CARNIVAL CRUISE LINES, vessels so as to constitute prior notice to Defendant, 

CARNIVAL CRUISE LINES, of that condition.

26. As a direct and proximate result of Defendant's negligence and Plaintiff’s resulting 

incident, Plaintiff, J.A.L., suffered physical and mental pain and anguish, disability, loss of 

capacity for the enjoyment of life, 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, J.A.L., a minor, by and through her Natural Parent and Legal 

Guardian, ANGELIKA JEAN LOPEZ, demands judgment against Defendant, CARNIVAL 

CORPORATION, individually and d/b/a CARNIVAL CRUISE LINES, a foreign corporation, for 

compensatory damages, costs, interest as allowed by law, and for such other relief as the Court 

deems just and demands a trial by jury on all issues so triable as a matter of right.

COUNT III – NEGLIGENT FAILURE TO WARN

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

CARNIVAL CRUISE LINES, vessel, the M/V Carnival Dream, 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. 

28. 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.

29. Defendant breached its duty and failed to warn Plaintiff, J.A.L. or her Mother, ANGELIKA 

JEAN LOPEZ, of the dangerous conditions about which Defendant, CARNIVAL CRUISE 

LINES, knew or should have known in the exercise of reasonable care, in that, such 

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incidents occur with such frequency on that deck’s Waterworks area and other similar 

Waterworks areas of Defendant’s, CARNIVAL CRUISE LINES, vessels so as to constitute 

prior notice to Defendant, CARNIVAL CRUISE LINES, of that condition.

30. As a proximate result of Defendant’s negligent failure to warn Plaintiff of the dangerous 

conditions about which it knew or should have known on or about August 17, 2019, 

Plaintiff, J.A.L., was violently tossed about in the ‘DrainPipe’ and severely injured her 

body.

31. Defendant’s failure to act created a hazardous condition to its passengers, and specifically 

to Plaintiff, and such condition was known to Defendant, or had existed for a sufficient 

length of time such that Defendant should have known of it, or that such incidents occur 

with such frequency on that deck’s Waterworks area and other similar Waterworks areas 

of Defendant’s, CARNIVAL CRUISE LINES, vessels so as to constitute prior notice to 

Defendant, CARNIVAL CRUISE LINES, of that condition.

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

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

incident, Plaintiff, J.A.L, suffered physical and mental pain and anguish, disability, loss of 

capacity for the enjoyment of life, 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, J.A.L., a minor, by and through her Natural Parent and Legal 

Guardian, ANGELIKA JEAN LOPEZ, demands judgment against Defendant, CARNIVAL 

CORPORATION, individually and d/b/a CARNIVAL CRUISE LINES, a foreign corporation, for 

compensatory damages, costs, interest as allowed by law, and for such other relief as the Court 

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deems just and demands a trial by jury on all issues so triable as a matter of right.

Respectfully submitted this 11th day of August 2020.

Frank D. Butler, Esq.

FBN: 940585

fdblawfirm@aol.com

Kelly Ann L. May, Esq.

FBN: 59286

kmay@fightingforfamilies.com

Frank D. Butler, P.A.

10550 US Highway 19 North

Pinellas Park, FL 33782

Phone: 727-399-2222

Fax: 727-399-2202

Service: courtdocserve@fdblawfirm.com

Secondary:jseigler@fightingforfamilies.com

Attorneys for Plaintiff

/s/ Kelly Ann L. May, Esquire 

Kelly Ann L. May, Esq.

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