GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.

EDNA FOX,

Plaintiff,

vs.

CARNIVAL CORPORATION,

a Panamanian Corporation d/b/a

CARNIVAL CRUISE LINES,

Defendant.

_______________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff EDNA FOX, an Alabama citizen and resident, sues Defendant CARNIVAL 

CORPORATION, a Panamanian Corporation with its principal place of business in Florida doing 

business as CARNIVAL CRUISE LINES, and alleges

JURISDICTION, VENUE AND PARTIES

1. This is an action for damages in excess of Seventy-Five Thousand ($75,000.00) 

Dollars, exclusive of interest and costs.

2. Plaintiff EDNA FOX is sui juris and is a resident and citizen of the State of Alabama

3. Defendant CARNIVAL CORPORATION, a Panamanian Corporation doing 

business as CARNIVAL CRUISE LINES (CARNIVAL) with its principal place of business in 

Miami, Miami-Dade County, Florida. Carnival is therefore a citizen both of Panama and of Florida 

for purposes of this action.

Case 1:22-cv-22400-CMA Document 1 Entered on FLSD Docket 07/29/2022 Page 1 of 7
EDNA FOX V. CARNIVAL CORP.

2

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 

§1332, based on diversity of citizenship. The Plaintiff is a citizen and resident of the State of 

Alabama, while the Defendant is deemed a citizen of Florida and of Panama for federal 

jurisdictional purposes, so there is complete diversity of citizenship between the parties. The 

amount in controversy exceeds $75,000.00, the minimum jurisdictional amount for diversity cases. 

The damages and injuries alleged in Paragraph 15 below support an award of damages in excess 

of $75,000.00.

5. At all material times, Defendant Carnival has conducted ongoing substantial and 

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

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

the Southern District of Florida.

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

cruise vessels for paying passengers, including the Plaintiff.

7. In the operative ticket contract, Carnival requires fare paying passengers such as 

the Plaintiff to bring any lawsuit against it arising out of injuries or events occurring on the cruise 

voyage in this federal judicial district. Accordingly, venue is proper in this Court.

8. Venue is also proper in this district because Carnival’s principal place of business 

is located within this district.

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

including providing the Defendant a timely written notice of claim on February 9, 2022, as required 

by the ticket contract.

Case 1:22-cv-22400-CMA Document 1 Entered on FLSD Docket 07/29/2022 Page 2 of 7
EDNA FOX V. CARNIVAL CORP.

3

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

LIABILITY AND DAMAGE ALLEGATIONS COMMON TO ALL COUNTS

10. At all material times, Defendant Carnival was engaged in the business of operating 

maritime cruise vessels for fare paying passengers and for this purpose operated, among other 

vessels, the "VISTA.”

11. At all material times, Defendant Carnival operated, managed, maintained and was 

in exclusive control of the VISTA.

12. At all material times, including the injury date of July 13TH 2021, the Plaintiff was a 

fare paying passenger aboard the "VISTA" and in that capacity was lawfully present aboard the 

vessel.

13. On July 13th, 2021, while the Plaintiff was onboard the “VISTA" as a fare paying 

passenger, she was proceeding through glass doors near the pool area on the lido deck to access 

an elevator to go back to her room. When she proceeded through the glass doors, the doors did 

not stop after a single open and close or fractional close, but instead continued slide shut so that 

the Plaintiff was caught in the doors and injured.

14. At all material times, the Defendant had actual and/or constructive notice of the 

dangerous condition of the automatic doors described above through maintenance records, prior 

similar incidents, the length of time the condition had been present, or otherwise. 

15. As a direct and proximate result of being caught in the automatic door as described 

in Paragraph 13, the Plaintiff was injured in and about her body and extremities, sustaining injuries 

including a fractured humerus, and suffered pain, mental anguish, disfigurement, disability, 

aggravation or activation of preexisting injuries, and the inability to lead a normal life. 

Furthermore, she incurred medical, hospital, and other out of pocket and health care expenses in 

Case 1:22-cv-22400-CMA Document 1 Entered on FLSD Docket 07/29/2022 Page 3 of 7
EDNA FOX V. CARNIVAL CORP.

4

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

the past and future as a result of her injuries. These damages are permanent or continuing in their 

nature and the Plaintiff will continue to sustain and incur these damages in the future.

COUNT I - NEGLIGENT MAINTENANCE

16. The Plaintiff adopts, realleges and incorporates by reference all allegations of 

Paragraphs 1 through 15 above and further alleges the following matters.

17. At all material times Defendant Carnival owed the Plaintiff, as a fare paying 

passenger lawfully on board its vessel, a duty of reasonable care for her safety.

18. At all material times Defendant Carnival was vicariously liable for any negligence 

or failure to exercise reasonable care by its crewmembers onboard the "VISTA" while those 

crewmembers were acting or failing to act in furtherance of the business of the vessel.

19. At all material times there existed a dangerous condition on through glass doors 

near the pool area on the lido deck to access an elevator to go back to her room., to-wit: an 

improperly adjusted or calibrated and malfunctioning set of automatic doors as described in 

Paragraph 13 above.

20. At all material times the Defendant had actual or constructive notice of the 

hazardous conditions referenced in Paragraph 12 above, for the reasons set forth in Paragraphs 13

and 14 above.

21. At all material times, Carnival through crewmembers responsible for the 

maintenance and operation of the sliding glass doors near the pool area on the lido deck to access 

an elevator to go back to her room. Referenced in the preceding paragraph and Paragraph 13 above 

had actual or constructive notice of the dangerous condition of the doors for the reasons alleged in

Paragraph 14 above.

Case 1:22-cv-22400-CMA Document 1 Entered on FLSD Docket 07/29/2022 Page 4 of 7
EDNA FOX V. CARNIVAL CORP.

5

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

22. Notwithstanding the actual or constructive knowledge of Carnival and its 

crewmembers alleged above, Carnival crewmembers on board the "VISTA" responsible for 

maintenance of the glass doors near the pool area on the lido deck to access an elevator to go back 

to her room failed to detect or correct the dangerous condition of the doors before the Plaintiff was 

caught in the doors and injured as alleged in Paragraph 13 above. 

23. The specific acts of negligence of Carnival crewmembers responsible for 

maintenance of the automatic doors included failure to conduct sufficient routine inspections of 

the doors to detect and correct hazards; failure to maintain the doors in a reasonably safe condition; 

and failure to calibrate the doors properly. Since these acts and omissions are acts and omissions 

of Carnival crewmembers acting in furtherance of the vessel's business, maintenance of the vessel, 

Carnival is vicariously liable for these negligent acts and omissions by its crewmembers.

24. As a direct and proximate result of the negligence of Carnival crewmembers 

described above, for which Carnival is vicariously liable as alleged above, the Plaintiff has 

sustained and will continue in the future to sustain the damages alleged in Paragraph 15.

WHEREFORE, the Plaintiff demands judgment against Carnival for compensatory 

damages and the costs of this action and further demands trial by jury of all issues so triable as of 

right.

COUNT II - NEGLIGENT FAILURE TO WARN OF HAZARD

25. The Plaintiff adopts, realleges and incorporates by reference all allegations of 

Paragraphs 1 through 15 above and further alleges the following matters.

26. At all material times Defendant Carnival owed the Plaintiff, as a fare paying 

passenger lawfully on board its vessel, a duty of reasonable care for her safety, including a duty to 

Case 1:22-cv-22400-CMA Document 1 Entered on FLSD Docket 07/29/2022 Page 5 of 7
EDNA FOX V. CARNIVAL CORP.

6

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

warn passengers including the Plaintiff of latent dangerous conditions such as the malfunctioning 

automatic doors described in Paragraph 13 above.

27. At all material times Defendant Carnival was vicariously liable for any negligence 

or failure to exercise reasonable care by its crewmembers onboard the "VISTA" while those 

crewmembers were acting or failing to act in furtherance of the business of the vessel.

28. At all material times the Defendant had actual or constructive notice of the 

hazardous conditions referenced in Paragraph 13 above, for the reasons set forth in Paragraphs 13

and 14 above. 

29. At all material times there existed a dangerous condition through glass doors near 

the pool area on the lido deck to access an elevator to go back to her room, to-wit: an improperly 

adjusted or calibrated and malfunctioning set of automatic doors as described in Paragraph 13 

above.

30. At all material times, Carnival through crewmembers responsible for the 

maintenance and operation of the automatic doors referenced in the preceding paragraph and 

Paragraph 13 above had actual or constructive notice of the dangerous condition of the doors for 

the reasons alleged in Paragraph 14 above.

31. Notwithstanding the actual or constructive knowledge of Carnival and its 

crewmembers alleged above, Carnival failed to warn passengers including the Plaintiff of its 

dangerous detect or correct the dangerous condition of the doors before the Plaintiff was caught in 

the doors and injured as alleged in Paragraph 13 above, through appropriate signage or markings, 

orally delivered, announced, or written warnings, or otherwise, and was thereby negligent. 

32. As a direct and proximate result of one or more of Defendant's negligent acts as 

alleged above, the Plaintiff was injured about her body and extremities, suffered physical pain and 

Case 1:22-cv-22400-CMA Document 1 Entered on FLSD Docket 07/29/2022 Page 6 of 7
EDNA FOX V. CARNIVAL CORP.

7

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

suffering as well as mental and emotional anguish from his injuries, suffered loss of enjoyment of 

life, physical disability, impairment, and inconvenience in the normal pursuits and pleasures of 

life, incurred medical bills and other expenses in the care and treatment of his injuries, including 

surgical repair, incurred relocation costs, and incurred rehabilitative and assisted living facility

expenses. These injuries and damages are permanent or continuing in nature and Plaintiff will 

continue to sustain these injuries and damages in the future.

WHEREFORE, the Plaintiff demands judgment against Carnival for compensatory 

damages and the costs of this action and further demands trial by jury of all issues so triable as of 

right.

DEMAND FOR JURY TRIAL

The Plaintiff hereby demands trial by jury of all issues so triable as of right.

Executed this 29th day of July 2022. 

s/Nicholas I. Gerson

Philip M. Gerson, Esq.

Florida Bar No.: 127290

pgerson@gslawusa.com

Nicholas I. Gerson, Esq.

Florida Bar No. 20899

ngerson@gslawusa.com

Edward S. Schwartz, Esq.

Florida Bar No. 346721

eschwartz@gslawusa.com

David L. Markel, Esq. 

Florida Bar No. 78306

dmarkel@gslawusa.com

Gerson & Schwartz, P.A.

1980 Coral Way

Miami, Florida 33145

Telephone: (305) 371-6000

Facsimile: (305) 371-5749

Attorneys for Plaintiff

Case 1:22-cv-22400-CMA Document 1 Entered on FLSD Docket 07/29/2022 Page 7 of 7