IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 1 of 9

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 

DAISY PEDRAZA,

PLAINTIFF,

v. 

CARNIVAL CORPORATION, a 

Foreign Profit Corporation,

DEFENDANT.

______________________________/

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

DAISY PEDRAZA, by and through undersigned counsel, hereby sues Defendant,

CARNIVAL CORPORATION (hereinafter referred to as “Defendant”), and alleges as follows:

GENERAL ALLEGATIONS

1) The is an action for damages in excess of the sum specified by 28 U.S.C. § 1332, not 

inclusive of attorneys’ fees and costs. Alternatively, if diversity jurisdiction does not 

apply, then this matter falls under the admiralty and maritime jurisdiction of this 

Court.

2) At all times material and relevant hereto, DAISY PEDRAZA, was a resident of

Miami-Dade County, Florida and is otherwise sui juris.

3) At all times material and relevant hereto, Defendant is a foreign corporation with its 

principal place of business in Miami-Dade County, Florida. 

4) At all times material and relevant hereto, Defendant personally or through an agent:

a. Operated, conducted, engaged in or carried on business or business ventures in the 

State of Florida and/or had an office or agency in the State of Florida;

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IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 2 of 9

b. Was engaged in substantial activity within the State of Florida;

c. Operated vessels in the waters of the State of Florida;

d. Committed one or more of the acts stated in Florida Statutes, Sections 48.081, 

48.181 or 48.193; 

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

State of Florida; and

f. Defendant, as a common carrier, was engaged in the business of providing to the 

public and to Plaintiff in particular, for compensation, vacation cruises aboard the 

vessel VICTORY.

5) At all times material hereto, Defendant is subject to the jurisdiction of the Courts of 

this state.

6) On April 20, 2019, Defendant owned, managed, controlled, operated, maintained

and/or had exclusive possession of VICTORY (hereinafter referred to as “the 

vessel”).

7) At that time and place, DAISY PEDRAZA, was a paying passenger on the vessel, 

which was in navigable waters.

8) At that time and place and at all relevant times hereto, Defendant’s agents, servants, 

and employees acted within the course and scope of their employment.

9) On May 29, 2020, due to the ongoing COVID-19 pandemic, Defendant by and 

through its agents and/or employees agreed to extend the statute of limitations for this 

matter to August 12, 2020.

COUNT I— NEGLIGENT FAILURE TO WARN AGAINST DEFENDANT

DAISY PEDRAZA, hereinafter reaffirms and re-alleges each and every allegation 

contained in the General Allegations, as if fully set forth herein and further alleges:

10) At all times material hereto, Defendant owed a duty to provide passengers, such as 

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IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 3 of 9

DAISY PEDRAZA with reasonable care under the circumstances.

11) At all times material hereto, it was the duty of Defendant to warn passengers, such 

as DAISY PEDRAZA, of dangers that were known, or reasonably should have been 

known, to Defendant in places where passengers (like Plaintiff) are invited to or may 

reasonably be expected to visit.

12) On or about April 20, 2019, DAISY PEDRAZA was at or near the 24/7 pizza station 

area aboard Defendant’s vessel, which is a place that DAISY PEDRAZA was 

invited to by Defendant and a place Defendant reasonably expected DAISY 

PEDRAZA to be in during the cruise.

13) On or about April 20, 2019, Defendant and/or its agents, servants and/or employees 

breached its duty to warn DAISY PEDRAZA through the following acts and/or 

omissions:

a. Failure to warn DAISY PEDRAZA of the unreasonably wet and slippery condition of 

the subject area; and/or

b. Failure to warn DAISY PEDRAZA of the risks and/or dangers associated with the 

unreasonably wet, slippery, and hazardous flooring surface of the subject area, 

including but not limited to hazardous coefficient of friction in light of the wet and/or 

slippery condition of the flooring surface; and/or

c. Failure to warn passengers and DAISY PEDRAZA of other slip and fall accidents 

previously occurring in same area, same deck and/or same flooring surface.

14) The above acts and/or omissions caused and/or contributed to DAISY PEDRAZA

being severely injured, because DAISY PEDRAZA would not have walked on the 

wet and/or slippery floor had Defendant and/or its agents, servants and/or employees 

adequately warned and/or communicated the foregoing to DAISY PEDRAZA.

15) At all times material hereto, the surface of the subject area was unreasonably wet, 

slippery, and/or dangerous. 

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IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

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16) At all times material hereto, Defendant knew of the foregoing dangerous conditions 

causing DAISY PEDRAZA’s incident and failed to correct and/or warn the Plaintiff 

about them, or the foregoing dangerous 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 and corrected and/or warned the Plaintiff about them. As 

it relates to conditions that Defendant contends it did not create, Defendant’s

knowledge was or should have been acquired through prior incident(s) and/or through 

its maintenance and/or inspections of the subject area.

17) As a direct result of one or more of the above-mentioned acts of negligence or

omissions, DAISY PEDRAZA, suffered serious personal injuries, pain and 

suffering, disability, physical impairment, disfigurement, mental anguish, 

inconvenience, aggravation of a disease or physical defect, loss of capacity for the 

enjoyment of life, expense of hospitalization, expense of medical care, expense of 

nursing care and medical treatment, loss of earnings in the past and loss of ability to 

earn money in the future. These losses are permanent and continuing in nature and

DAISY PEDRAZA will continue to suffer these losses in the future.

WHEREFORE, DAISY PEDRAZA, hereby demands judgement for damages, costs and 

interest against Defendant, together with whatever other relief the Court deems just and 

appropriate.

COUNT II – NEGLIGENT FAILURE TO MAINTAIN AGAINST DEFENDANT

DAISY PEDRAZA, hereinafter reaffirms and re-alleges each and every allegation 

contained in the General Allegations, as if fully set forth herein and further alleges:

18) At all times material hereto, Defendant owed a duty to provide passengers, such as 

DAISY PEDRAZA with reasonable care under the circumstances.

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IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 5 of 9

19) At all times material hereto, it was the duty of Defendant to maintain the deck at or 

near the 24/7 pizza station in a reasonably safe condition.

20) On or about April 20, 2019, Defendant and/or its agents, servants and/or employees 

breached its duty through the following acts and/or omissions:

a. Failure to adequately and regularly inspect the deck of its premises at or near the 

24/7 pizza station area, to determine whether it was unreasonably wet or slippery; 

and/or

b. Failure to maintain the surface at or near the 24/7 pizza station area where 

Plaintiff’s incident occurred in a reasonably safe condition in light of the 

anticipated use of the dining and/or beverage area; and/or 

c. Failing to follow the manufacturer of the subject flooring surface’s instructions for 

cleaning and/or maintaining the deck; and/or

d. Failure to maintain the surface at or near the 24/7 pizza station area in a reasonably 

safe condition if/when the subject area floor became wet, or too slippery, 

including, but not limited to, closing off the subject area that was dangerously 

slippery, and/or placing signage to warn passengers of hazardous areas. 

21) The above acts and/or omissions caused and/or contributed to DAISY PEDRAZA

being severely injured, because DAISY PEDRAZA’s incident would not have 

occurred but for Defendant’s failure to adequately inspect and/or maintain the subject 

area.

22) At all times material hereto, the surface of the subject area was unreasonably wet, 

slippery, and dangerous. 

23) At all times material hereto, Defendant knew of the foregoing dangerous conditions 

causing DAISY PEDRAZA incident 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 and corrected them. This 

knowledge was or should have been acquired through Defendant’s maintenance 

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IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 6 of 9

and/or inspections at or near the 24/7 pizza station area and/or through prior incidents 

involving passengers injured due to the wet floor in the subject area on Defendant’s

vessels and/or Defendant’s similar vessels using the same flooring surface. 

24) As a direct result of one or more of the above-mentioned acts of negligence or

omissions, DAISY PEDRAZA, suffered serious personal injuries, pain and 

suffering, disability, physical impairment, disfigurement, mental anguish, 

inconvenience, aggravation of a disease or physical defect, loss of capacity for the 

enjoyment of life, expense of hospitalization, expense of medical care, expense of 

nursing care and medical treatment, loss of earnings in the past and loss of ability to 

earn money in the future. These losses are permanent and continuing in nature and

DAISY PEDRAZA will continue to suffer these losses in the future.

WHEREFORE, DAISY PEDRAZA, hereby demands judgement for damages, costs and 

interest against Defendant, together with whatever other relief the Court deems just and 

appropriate.

COUNT III – GENERAL NEGLIGENCE AGAINST DEFENDANT

DAISY PEDRAZA, hereinafter reaffirms and re-alleges each and every allegation 

contained in the General Allegations, as if fully set forth herein and further alleges:

25) At all times material hereto, Defendant owed a duty to provide passengers, such as 

DAISY PEDRAZA with reasonable care under the circumstances.

26) On or about April 20, 2019, Defendant and/or its agents, servants and/or employees 

breached its duty to provide DAISY PEDRAZA with reasonable care under the 

circumstances through the following acts and/or omissions:

a. Failure to maintain the subject area in a clean and dry condition; and/or

b. Failure to adequately and regularly inspect the subject area for wet and/or slippery 

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IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 7 of 9

conditions; and/or

c. Failure to adequately and regularly monitor the subject area to maintain it free of 

wet and slippery conditions; and/or

d. Failure to regularly and adequately clean the subject area; and/or

e. Failure to close off and/or place warning signs on or around the wet and slippery 

areas of the subject deck; and/or

f. Failure to promulgate and/or enforce adequate policies and procedures to ensure 

that the subject area is adequately and regularly inspected, monitored, cleaned and 

maintained free of wet and slippery conditions; and/or

g. Failure to promulgate and/or enforce adequate policies and procedures to ensure 

that warnings signs are placed on or around wet and/or slippery areas and/or that 

such wet and/or slippery areas are closed off; and/or

h. Failure to analyze prior slip-and-fall accidents aboard Defendant’s vessels 

occurring in the same area and/or type of flooring surface so as to remedy such 

hazardous conditions; and/or 

i. Failure to correct hazardous conditions following other slip and fall accidents in 

the same area and/or type of flooring surface; and/or

j. Failure to utilize a reasonably safe flooring surface in light of the anticipated traffic

and anticipated purpose of the area; and/or

k. Failure to retrofit flooring surface in light of the anticipated traffic and anticipated 

purpose of the area; and/or

l. Failure to test and/or adequately evaluate flooring surface in light of the anticipated 

traffic and anticipated purpose of the area; and/or

m. Failure to have a non-slip or non-skid flooring surface on the subject area; and/or

n. Failure to place rubber mats or apply a non-slip or non-skid substance for the 

flooring surface on or around the subject area; and/or

o. Failure to adequately test the coefficient of friction and slip resistance of the 

subject flooring surface before opening it up to passengers and Plaintiff; and/or

p. Failure to instruct passengers and the Plaintiff concerning proper footwear when 

walking on the subject flooring surface and/or the subject area.

27) The above acts and/or omissions caused and/or contributed to DAISY PEDRAZA

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IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 8 of 9

being severely injured, because DAISY PEDRAZA’s incident would not have 

occurred but for such acts and/or omissions.

28) At all times material hereto, Defendant knew of the foregoing dangerous conditions 

causing DAISY PEDRAZA’s incident 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 and corrected them. This 

knowledge was or should have been acquired through Defendant’s maintenance 

and/or inspections at or near the 24/7 pizza station area and/or through prior incidents 

involving passengers injured due to the wet floor in the subject area on Defendant’s

vessels and/or Defendant’s similar vessels using the same flooring surface.

29) As a direct result of one or more of the above-mentioned acts of negligence or

omissions, DAISY PEDRAZA, suffered serious personal injuries, pain and 

suffering, disability, physical impairment, disfigurement, mental anguish, 

inconvenience, aggravation of a disease or physical defect, loss of capacity for the 

enjoyment of life, expense of hospitalization, expense of medical care, expense of 

nursing care and medical treatment, loss of earnings in the past and loss of ability to 

earn money in the future. These losses are permanent and continuing in nature and

DAISY PEDRAZA will continue to suffer these losses in the future.

WHEREFORE, DAISY PEDRAZA, hereby demands judgement for damages, costs and 

interest against Defendant, together with whatever other relief the Court deems just and 

appropriate.

DEMAND FOR JURY TRIAL

DAISY PEDRAZA does hereby demand trial by jury of all issues so triable as a matter of 

right.

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IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 9 of 9

Dated: August 10, 2020

.

LAW OFFICE OF IRWIN AST

Attorneys for Plaintiff

2121 S.W. 3rd Avenue, Suite 401

Miami, Florida 33129

Tel: (305) 307-5208

Fax: (305) 901-5639

Email: irwin@astlawfirm.com

leo@astlawfirm.com

pleadings@astlawfirm.com

By: /s/ Irwin Ast

Irwin Ast, Esq.

Fla. Bar No.: 0059879

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