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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

PENNY FLEMING

Plaintiff,

vs.

CARNIVAL CORP., d/b/a 

CARNIVAL CRUISE LINES, INC.,

Defendant.

_______________________________/

COMPLAINT

COMES NOW, the Plaintiff, PENNY FLEMING, by and through undersigned counsel, 

and sues the Defendant, CARNIVAL CORP., d/b/a CARNIVAL CRUISE LINES, INC. and 

further states as follows:

JURISDICTIONAL AND VENUE ALLEGATIONS

1. This is an action for damages in excess of $75,000.00, exclusive of interest and 

costs.

2. Plaintiff, PENNY FLEMING (hereinafter “Plaintiff”), is sui juris, and a citizen and 

resident of the state of Illinois.

3. Defendant CARNIVAL CORPORATION (hereinafter “CARNIVAL”) is a 

Panamanian corporation with its principal place of business in Miami-Dade County, Florida. At 

all times material CARNIVAL does business under the fictitious name of CARNIVAL CRUISE 

LINES, INC. For jurisdictional purposes, CARNIVAL is both a citizen of Panama and a citizen 

of Florida.

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4. Subject matter jurisdiction exists based on diversity of citizenship pursuant to 28 

U.S.C. § 1332, as alleged above, because there is complete diversity of citizenship between the 

parties and the amount of damages claimed exceeds $75,000.00 which is the minimum 

jurisdictional amount required for diversity of jurisdiction cases. In addition, jurisdiction also 

exists pursuant to 28 U.S.C. § 1333 because this is a maritime cause of action.

5. At all times material hereto, CARNIVAL has conducted ongoing, substantial and 

not isolated business activity in Miami-Dade County, Florida, in the Southern District of Florida, 

so that in personam jurisdiction exists in the United States District Court for the Southern District 

of Florida.

6. At all times material, CARNIVAL has engaged in the business of operating 

maritime cruise vessels for paying passengers including the Plaintiff.

7. In its ticket contract with Plaintiff, CARNIVAL requires fare-paying passengers 

like Plaintiff to bring any lawsuit against CARNIVAL arising out of injuries or events occurring 

on the cruise voyage in this federal judicial district. Accordingly, venue is proper.

8. Venue is also proper in this district because the CARNIVAL’s principal place of 

business is located within this district. 

GENERAL ALLEGATIONS

9. Plaintiff has complied with all conditions precedent to bringing this action. 

10. CARNIVAL owed Plaintiff a duty of reasonable care in the circumstances.

11. On or about April 25, 2022, the Plaintiff was injured aboard CARNIVAL’s cruise 

ship CARNIVAL FREEDOM as a result of two hazardous conditions maintained by CARNIVAL

in a hallway on Deck 7 while the ship was waiting to leave port to commence its cruise.

12. On the aforesaid date, CARNIVAL owned and/or operated the CARNIVAL 

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FREEDOM.

COUNT I - NEGLIGENT MAINTAINANCE OF THE HALLWAY

13. Plaintiff reavers and realleges paragraphs 1 through 12 as if set forth herein.

14. On the aforesaid date, the Plaintiff was walking down an interior hallway on Deck 

7 on CARNIVAL FREEDOM waiting for the ship to leave port to commence the cruise.

15. While Plaintiff was walking down the hallway, she was caused to trip and fall on a 

suitcase that had been allowed to remain on the floor of the hallway near cabin 7371.

16. CARNIVAL failed to exercise reasonable care in the circumstances by failing to 

keep the walking area on the floor free from obstructions even though it had ample and sufficient 

time to do so and there were numerous crew members in the area that would have seen the many 

suitcases scattered about the hallway and cleared the obstructions to the walking area of the floor.

17. The floor in the hallway was made unreasonably dangerous by the presence of 

numerous suitcases scattered about on the floor of the hallway which created an obstacle course 

for Plaintiff who tripped and fell on one of the suitcases belonging to another passenger.

18. On or about the aforesaid date, Plaintiff suffered serious personal injury while she 

was aboard CARNIVAL FREEDOM by reason of an unreasonably dangerous passenger hallway 

on Deck 7 near cabin 7371.

19. The floor or deck was unreasonably dangerous because CARNIVAL delivers all 

suitcases and luggage of boarding passengers in the hallways which created an obstacle course for 

Plaintiff to try and walk around and/or CARNIVAL should have known through the exercise of 

reasonable care in the circumstances that the floor in the area where Plaintiff tripped and fell was 

unreasonably dangerous due to CARNIVAL’s negligent method of delivering luggage to 

passengers who have boarded the ship while the ship was preparing to leave port.

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20. In addition, there was a piece of metal trim along the floor of the wall of the hallway 

near cabin 7371 which was bent and had razor sharp edges from objects striking the trim. This 

could have been caused by luggage carts and trolleys and other conveyances used by crewmembers

and/or other passengers striking the trim along the wall. The bent trim had sharp jagged knife-like 

edges which existed for enough time prior to Plaintiff’s cruise so that Defendant could have 

repaired it under the exercise of reasonable care in the circumstances. Plaintiff suffered a deep and 

severe gash on her right arm when she tripped and fell and hit the knife-like bent up edge of the 

metal trim.

21. Notwithstanding CARNIVAL’s duty as aforesaid, CARNIVAL breached its duty 

by unreasonably:

a. Failing to properly maintain a floor on a passenger deck in a reasonably 

safe, condition, and/or;

b. Failing to properly and safely train crew members in the care and 

maintenance of a floor in a passenger hallway on embarkation day, and/or;

c. Failing to conduct routine safety inspections on a floor in a passenger 

hallway to determine if the floor was unreasonably dangerous due to 

tripping hazards for passengers like Plaintiff, and/or;

d. Failing to assign a sufficient number of crew members to keep a floor in a 

passenger hallway in a safe condition without suitcases lining the hallway 

and without a sharp knife-like metal trim on the floor of the hallway, and/or;

e. Failing to have proper procedures for passengers and their suitcases on 

embarkation day while they were waiting to go to their cabins which would 

eliminate a known hazard.

22. At all times material, the dangerous conditions existed for a sufficient period of 

time that CARNIVAL had constructive knowledge of the dangerous conditions and/or 

CARNIVAL had actual knowledge of the dangerous conditions hereinbefore alleged in paragraph 

twenty-one to have caused or contributed to causing Plaintiff’s injury and/or CARNIVAL engaged 

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in negligent methods of operation. 

23. As a result of the foregoing, the Plaintiff was seriously injured when she was caused 

to trip and fall in a passenger hallway and suffer a severe gash on her right arm. 

24. At all times material hereto, the Plaintiff acted with reasonable care for her own 

safety and was walking carefully and cautiously but still tripped and fell.

25. As a result of the negligence of CARNIVAL as aforesaid, the Plaintiff was injured 

in and about her body and extremities and suffered pain, mental and emotional distress and anguish 

therefrom; incurred medical expense and physical handicap and a loss of the ability to enjoy life; 

suffered an aggravation of known and/or unknown pre-existing conditions, suffered a loss of 

enjoyment and value of the cruise; suffered scarring and disfigurement. Said personal injuries are 

permanent and/or continuing in nature and the Plaintiff shall continue to suffer such losses and 

impairments in the future.

WHEREFORE, Plaintiff demands judgment from CARNIVAL for damages, pre-judgment 

interest and costs. 

COUNT II - NEGLIGENT FAILURE TO WARN

26. Plaintiff reavers and realleges Paragraphs 1-12 and 19-20 as if set forth herein.

27. Plaintiff was seriously injured when she was caused to trip and fall on a suitcase 

which was allowed to be placed on a floor in a passenger hallway along with many other passenger 

suitcases, thereby creating an obstacle course for Plaintiff to try and navigate through while 

walking through the hallway and then severely cut her right arm on a piece of jagged, bent-up 

knife-like metal trim on the floor along the wall.

28. In this case, there was no warning signs or cones had been placed in the area alerting 

Plaintiff to the potentially unreasonably dangerous nature of the hallway in regard to the sharp, 

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bent-up and twisted metal trim along the wall of the passenger hallway.

29. At all times material, Plaintiff was acting with due care for her own safety.

30. CARNIVAL failed to use reasonable care in the circumstances by failing to warn 

Plaintiff that there was a sharp, knife-like twisted metal trim at the base of a wall in a passenger 

hallway near room 7371 on Deck 7.

31. As a result of the negligence of CARNIVAL as aforesaid, Plaintiff was injured in 

and about her body and extremities and suffered pain, mental and emotional distress and anguish 

therefrom; incurred medical expense and physical handicap and a loss of the ability to enjoy life; 

suffered an aggravation of known and unknown pre-existing conditions, suffered a loss of 

enjoyment and value of the cruise; suffered a brain bleed, a nasal fracture and disfigurement. Said 

personal injuries are permanent and/or continuing in nature and the Plaintiff shall continue to suffer 

such losses and impairments in the future.

32. CARNIVAL knew or should have known through the exercise of reasonable care 

in the circumstances that the floor where Plaintiff tripped and fell was unreasonably dangerous

due to the sharp, knife-like piece of bent-up metal trim.

33. The dangerous condition was not open and obvious to Plaintiff. 

WHEREFORE, Plaintiff demands judgment from CARNIVAL for damages, pre-judgment 

interest and costs. 

DATED this 26th day of December 2019.

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By: /s/ Paul M. Hoffman, Esq.

HOFFMAN LAW FIRM 

Fla. Bar No. 0279897

Attorneys for the Plaintiff 

2881 East Oakland Park Blvd. 

Fort Lauderdale, FL 33306 

Email:pmh@paulmhoffmanlaw.com 

Telephone: (954) 707-5040 

and 

By: /s/ Laurence M. Krutchik, Esq. 

LAW OFFICE OF LAURENCE M. 

KRUTCHIK, P.A. 

Fla. Bar No. 0069449

Attorney for Plaintiff 

7450 SW 172nd Street 

Palmetto Bay, Florida 33157 

Email: LMKAttorney@gmail.com 

Telephone: (305) 537-6866 

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