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. 

KARA LEMQUIST,

A resident and citizen of Florida,

Plaintiff,

v.

CARNIVAL CORPORATION, d/b/a

CARNIVAL CRUISE LINES,

And HAL PROPERTIES, LTD.,

Defendants.

____________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, KARA LEMQUIST, a resident and citizen of Florida, sues Defendants

CARNIVAL CORPORATION, d/b/a Carnival Cruise Lines, and HAL PROPERTIES, LTD., and 

alleges:

JURISDICTION, VENUE AND PARTIES

1. Plaintiff, KARA LEMQUIST, is a resident and citizen of the State of Florida.

3. The Defendant CARNIVAL CORPORATION d/b/a CARNIVAL CRUISE LINES 

(CARNIVAL) is a Panamanian corporation with its principal place of business in Miami, MiamiDade County, Florida. CARNIVAL accordingly is a citizen both of Panama and of Florida for 

jurisdictional purposes. 

4. Defendant HAL PROPERTIES, LTD. is a Bahamian corporation.

5. On information and belief, Defendant HAL PROPERTIES, LTD. is and at all 

material times has been a subsidiary or affiliate of Defendant CARNIVAL.

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 1 of 16
LEMQUIST V. CARNIVAL CORPORATION 

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

6. Admiralty jurisdiction exists pursuant to 28 U.S.C. §1333. 

7. 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.

8. At all material times, Defendant CARNIVAL has engaged in the business of 

operating maritime cruise vessels for paying passengers, including the Plaintiff.

9. In the operative ticket contract, CARNIVAL requires fare paying passengers such 

as the 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 in this Court.

10. Venue is also proper in this district because CARNIVAL’s principal places of 

business are located within this district.

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

Plaintiff reported the accident to the ship's medical crew shortly after it occurred, and an incident 

report and written medical records were prepared onboard the ship. Furthermore, the Plaintiff 

gave CARNIVAL timely written notice of the claim as required by the ticket contract, by a letter 

of October 15, 2021, a copy of which is attached as Exhibit 1.

LIABILITY AND DAMAGE ALLEGATIONS APPLICABLE TO ALL COUNTS

12. At all material times, CARNIVAL was engaged in the business of operating 

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

vessels, the "CARNIVAL MAGIC."

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 2 of 16
LEMQUIST V. CARNIVAL CORPORATION 

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

13. At all material times, including the injury date of October 4, 2021, the Plaintiff was 

a fare paying passenger aboard the CARNIVAL MAGIC and in that capacity was lawfully present 

aboard the vessel.

14. On or about October 4, 2021, the Plaintiff was on a private island known as “Half 

Moon Cay.” She was entering a chapel on Half Moon Cay, ascending a ramp designated and 

intended for use by passengers entering and exiting the chapel. The ramp was designed and 

installed so that a portion of its surface was a smooth inclined ramp and the other portion, adjacent 

to the smooth portion, contained divided steps, with a corresponding change in elevation between 

the smooth and stepped portions of the ramp. These design features of the ramp and steps were in 

violation of applicable industry standards, in particular American Society for Testing and Materials 

(ASTM) Standard F1166-07 (2013), §11.3.1 (General Design Requirements for Ramps); §11.3.5.2 

regarding the coefficient of friction of ramp walking surfaces; F 1637 §4.2.4 regarding changes of 

level on walkways; and F1637 §§3.1.11, 3.1.12 and 4.1.3 regarding adequate slip resistance of 

walkways. Plaintiff was ascending the smooth inclined portion of the ramp.

15. While the Plaintiff was ascending the ramp referenced in the preceding paragraph, 

individuals were exiting the chapel and descending the ramp. Plaintiff stepped to her left to make 

room for the people exiting the chapel. Due to inadequate marking of the divisions between the 

smooth portion of the ramp and the adjacent stepped portion, the Plaintiff was unable to detect the 

change in elevation between the smooth and stepped portions of the ramp. When Plaintiff stepped 

to the left to avoid the individuals exiting the chapel, she failed to detect the change of elevation 

she encountered, fell off the smooth portion of the ramp onto the adjacent steps, and sustained

serious injuries.

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 3 of 16
LEMQUIST V. CARNIVAL CORPORATION 

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

16. As a direct and proximate result of the fall described above, the Plaintiff was injured 

in and about her body and extremities. She suffered pain therefrom, mental anguish, disfigurement, 

and the inability to lead a normal life. Furthermore, she incurred medical, hospital, and other out 

of pocket and health care expenses as a result of her injuries, the future medical and health care 

expenses being reasonably certain to occur. She also sustained aggravation or acceleration of 

preexisting conditions. 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 INSPECTION AND MAINTENANCE OF RAMP AND 

ADJACENT STEPS BY CARNIVAL

17. The Plaintiff adopts, re-alleges, and incorporates by reference the allegations of 

Paragraphs 1-16 above as if they were incorporated in full in this Count and further alleges the 

following matters.

18. At all material times, including the injury date of October 4, 2021, the private island 

Half Moon Cay and the facilities thereon, including the chapel and ramp referenced in Paragraphs 

14 and 15 above, were owned, operated, and controlled by CARNIVAL.

19. At all material times, CARNIVAL owed the Plaintiff, as a fare-paying passenger 

lawfully on board a passenger vessel it operated, a duty of reasonable care, including the duty to 

take reasonable steps to maintain the ramp and steps where Plaintiff fell, as described in Paragraphs 

14 and 15 above, in a reasonably safe condition. This included a duty to maintain the ramp surface 

and adjacent steps in an even and safely leveled condition, with adequate marking of changes of 

elevation, in order to ensure passengers entering and exiting the chapel, including the Plaintiff, 

were able to do so safely. The duty of ramp maintenance included the responsibility to inspect the 

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 4 of 16
LEMQUIST V. CARNIVAL CORPORATION 

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

ramp and steps for misleveled, uneven, or improperly marked parameters, and to timely correct 

those conditions when they were or should have been detected.

20. At all material times the ramp and steps where the Plaintiff fell were in a high traffic 

area since they were specifically designated for passengers entering and leaving the chapel. No 

alternative safe means of ingress or egress were available at the time to passengers entering and 

exiting the chapel, such as the Plaintiff.

21. At all material times, CARNIVAL knew or should in the exercise of reasonable 

care have known of the dangerous condition of the ramp and adjacent steps as referenced above.

CARNIVAL’s actual or constructive knowledge was derived from prior use of the same or 

substantially similar ramps and steps, prior fall instances on the same or similarly configured ramps

and steps, industry standards regarding ramps and steps as referenced in Paragraph 14 above, the 

recurring nature of the dangerous conditions on the ramp and steps, and the length of time the ramp 

and steps had been in an unsafe condition before the Plaintiff fell, a length of time sufficient to 

invite corrective measures.

22. At all material times the dangerous condition of the ramp and steps referenced 

above was neither known nor obvious to the Plaintiff, due to her inability to detect the change in 

elevation referred to in Paragraphs 14 and 15 above.

23. Notwithstanding CARNIVAL’s actual or constructive knowledge of the dangerous 

condition of the ramp where Plaintiff fell, CARNIVAL failed before the time of the Plaintiff's 

injury to take reasonable measures to maintain the ramp in a reasonably safe condition by 

correcting its dangerous condition, by adjusting the positioning of the ramp or providing better 

marking of elevation changes and other features of the ramp and adjacent steps for passengers 

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 5 of 16
LEMQUIST V. CARNIVAL CORPORATION 

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

including the Plaintiff in order to prevent a fall due to the conditions. CARNIVAL thereby failed 

to exercise reasonable care for the safety of its passengers including the Plaintiff and was thereby 

negligent.

24. As a direct and proximate result of CARNIVAL’s negligence as described above 

the Plaintiff fell as alleged in Paragraph 15 above and has thereby sustained and will continue in 

the future to sustain the damages alleged in Paragraph 16 above. 

WHEREFORE, the Plaintiff demands judgment against the Defendant CARNIVAL for 

compensatory damages and the costs of this action.

COUNT II – NEGLIGENT FAILURE TO WARN- CARNIVAL

25. The Plaintiff adopts, re-alleges, and incorporates by reference the allegations of 

Paragraphs 1-16 above as if they were incorporated in full in this Count and further alleges the 

following matters.

26. At all material times, including the injury date of October 4, 2021, the private island 

Half Moon Cay and the facilities thereon, including the chapel and ramp referenced in Paragraphs 

14 and 15 above, were owned, operated, and controlled by CARNIVAL.

27. At all material times, CARNIVAL owed the Plaintiff, as a fare-paying passenger 

lawfully on board a passenger vessel it operated, a duty of reasonable care, including the duty to 

take reasonable steps to warn passengers, such as the Plaintiff, adequately of any elevation changes 

or other fall risks created by the condition of the ramp rand adjacent steps referenced in Paragraphs

14 and 15, including unevenness, misleveling, or elevation changes, in order to ensure the safety 

of ingress and egress for passengers entering and exiting the chapel, including the Plaintiff.

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 6 of 16
LEMQUIST V. CARNIVAL CORPORATION 

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

28. At all material times the ramp and steps where the Plaintiff fell were in a high traffic 

area since they were specifically designated for passengers entering and leaving the chapel. No 

alternative safe means of ingress or egress were available at the time to passengers entering and 

exiting the chapel, such as the Plaintiff. 

29. At all material times, CARNIVAL knew or should in the exercise of reasonable 

care have known of the dangerous condition of the ramp and adjacent steps as referenced above.

CARNIVAL’s actual or constructive knowledge was derived from prior use of the same or 

substantially similar ramps and steps, prior fall instances on the same or similarly configured ramps

and steps, industry standards regarding ramps and steps as referenced in Paragraph 14 above, the 

recurring nature of the dangerous conditions on the ramp and steps, and the length of time the ramp 

and steps had been in an unsafe condition before the Plaintiff fell, a length of time sufficient to 

invite corrective measures.

30. At all material times the dangerous condition of the ramp and steps referenced 

above was neither known nor obvious to the Plaintiff, due to her inability to detect the change in 

elevation referred to in Paragraphs 14 and 15 above.

31. Notwithstanding CARNIVAL’s actual or constructive knowledge of the dangerous 

condition of the ramp where Plaintiff fell, CARNIVAL failed before the time of the Plaintiff's 

injury to take reasonable measures adequately to warn the Plaintiff of the risks to passengers 

including the Plaintiff posed by the steepness of the ramp, the inadequately marked change in 

elevation between the smooth and stepped portions of the ramp, and its misleveled or uneven 

condition, through adequate signage or markings, oral warnings, redirecting passengers from the 

dangerous ramp and steps, or otherwise.

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 7 of 16
LEMQUIST V. CARNIVAL CORPORATION 

8

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

32. As a direct and proximate result of CARNIVAL’s negligence as described above 

the Plaintiff fell as alleged in Paragraph 15 above and has thereby sustained and will continue in 

the future to sustain the damages alleged in Paragraph 16 above.

WHEREFORE, the Plaintiff demands judgment against the Defendant CARNIVAL for 

compensatory damages and the costs of this action.

COUNT III – NEGLIGENT DESIGN OF RAMP AND ADJACENT STEPS - CARNIVAL

33. The Plaintiff adopts, re-alleges, and incorporates by reference the allegations of 

Paragraphs 1-16 above as if they were incorporated in full in this Count and further alleges the 

following matters.

34. At all material times, including the injury date of October 4, 2021, the private island 

Half Moon Cay and the facilities thereon, including the chapel and ramp referenced in Paragraphs 

14 and 15 above, were owned, operated, and controlled by CARNIVAL.

35. At all material times, CARNIVAL owed the Plaintiff, as a fare-paying passenger 

lawfully on board a passenger vessel it operated, a duty of reasonable care, including the duty to 

design and install the ramp and adjacent steps referenced in Paragraphs 14 and 15 above so that it 

they were reasonably safe for use by passengers, including the Plaintiff, entering or exiting the 

chapel referenced in Paragraphs 14 and 15 above. 

36. At all material times the ramp and steps where the Plaintiff fell were in a high traffic 

area since they were specifically designated for passengers entering and leaving the chapel. No 

alternative safe means of ingress or egress were available at the time to passengers entering and 

exiting the chapel, such as the Plaintiff.

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 8 of 16
LEMQUIST V. CARNIVAL CORPORATION 

9

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

37. At all material times, CARNIVAL knew or should in the exercise of reasonable 

care have known of the dangerous condition of the ramp and adjacent steps as referenced above.

CARNIVAL’s actual or constructive knowledge was derived from prior use of the same or 

substantially similar ramps and steps, prior fall instances on the same or similarly configured ramps

and steps, industry standards regarding ramps and steps as referenced in Paragraph 14 above, the 

recurring nature of the dangerous conditions on the ramp and steps, and the length of time the ramp 

and steps had been in an unsafe condition before the Plaintiff fell, a length of time sufficient to 

invite corrective measures.

38. At all material times the dangerous condition of the ramp and steps referenced 

above was neither known nor obvious to the Plaintiff, due to her inability to detect the change in 

elevation referred to in Paragraphs 14 and 15 above. 

39. Notwithstanding CARNIVAL’s actual or constructive knowledge of the unsafe 

design and installation of the ramp and steps referenced in Paragraphs 14 and 15 above, 

CARNIVAL failed before the time of the Plaintiff's injury to take reasonable measures to design 

and install the ramp and steps so that they were reasonably safe for use by passengers entering and 

exiting the chapel, including the Plaintiff, and was thereby negligent.

40. As a direct and proximate result of CARNIVAL’s negligence as described above 

the Plaintiff fell as alleged in Paragraph 15 above and has thereby sustained and will continue in 

the future to sustain the damages alleged in Paragraph 16 above. 

WHEREFORE, the Plaintiff demands judgment against the Defendant CARNIVAL for 

compensatory damages and the costs of this action.

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 9 of 16
LEMQUIST V. CARNIVAL CORPORATION 

10

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

COUNT IV – NEGLIGENT INSPECTION AND MAINTENANCE OF RAMP AND 

ADJACENT STEPS BY HAL PROPERTIES, LTD.

41. The Plaintiff adopts, re-alleges, and incorporates by reference the allegations of 

Paragraphs 1-16 above as if they were incorporated in full in this Count and further alleges the 

following matters.

42. At all material times, including the injury date of October 4, 2021, the private island 

Half Moon Cay and the facilities thereon, including the chapel and ramp referenced in Paragraphs 

14 and 15 above, were owned, operated, and/or controlled by HAL PROPERTIES, LTD. (HAL).

43. At all material times, HAL, as owner or operator of the facilities on Half Moon 

CAY, owed the Plaintiff, as a lawful entrant and invitee on the island, a duty of reasonable care, 

including the duty to take reasonable steps to maintain the ramp and steps where Plaintiff fell, as 

described in Paragraphs 14 and 15 above, in a reasonably safe condition. This included a duty to 

maintain the ramp surface and adjacent steps in an even and safely leveled condition, with adequate 

marking of changes of elevation, in order to ensure passengers entering and exiting the chapel, 

including the Plaintiff, were able to do so safely. The duty of ramp maintenance included the 

responsibility to inspect the ramp and steps for misleveled, uneven, or improperly marked 

parameters, and to timely correct those conditions when they were or should have been detected.

44. At all material times the ramp and steps where the Plaintiff fell were in a high traffic 

area since they were specifically designated for passengers entering and leaving the chapel. No 

alternative safe means of ingress or egress were available at the time to passengers entering and 

exiting the chapel, such as the Plaintiff.

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 10 of 16
LEMQUIST V. CARNIVAL CORPORATION 

11

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

45 At all material times, HAL knew or should in the exercise of reasonable care have 

known of the dangerous condition of the ramp and adjacent steps as referenced above. HAL’s

actual or constructive knowledge was derived from prior use of the same or substantially similar

ramps and steps, prior fall instances on the same or similarly configured ramps and steps, industry 

standards regarding ramps and steps as referenced in Paragraph 14 above, the recurring nature of 

the dangerous conditions on the ramp and steps, and the length of time the ramp and steps had 

been in an unsafe condition before the Plaintiff fell, a length of time sufficient to invite corrective 

measures.

46. At all material times the dangerous condition of the ramp and steps referenced 

above was neither known nor obvious to the Plaintiff, due to her inability to detect the change in 

elevation referred to in Paragraphs 14 and 15 above. 

47. Notwithstanding HAL’s actual or constructive knowledge of the dangerous 

condition of the ramp where Plaintiff fell, HAL failed before the time of the Plaintiff's injury to 

take reasonable measures to maintain the ramp in a reasonably safe condition by correcting its 

dangerous condition, by adjusting the positioning of the ramp or providing better marking of 

elevation changes and other features of the ramp and adjacent steps for passengers including the 

Plaintiff in order to prevent a fall due to the conditions. HAL thereby failed to exercise reasonable 

care for the safety of its passengers including the Plaintiff and was thereby negligent.

48. As a direct and proximate result of HAL’s negligence as described above the 

Plaintiff fell as alleged in Paragraph 15 above and has thereby sustained and will continue in the 

future to sustain the damages alleged in Paragraph 16 above. 

WHEREFORE, the Plaintiff demands judgment against Defendant HAL for 

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 11 of 16
LEMQUIST V. CARNIVAL CORPORATION 

12

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

compensatory damages and the costs of this action.

COUNT V – NEGLIGENT FAILURE TO WARN- HAL PROPERTIES, LTD.

49. The Plaintiff adopts, re-alleges, and incorporates by reference the allegations of 

Paragraphs 1-16 above as if they were incorporated in full in this Count and further alleges the 

following matters.

50. At all material times, including the injury date of October 4, 2021, the private island 

Half Moon Cay and the facilities thereon, including the chapel and ramp referenced in Paragraphs 

14 and 15 above, were owned, operated, and/or controlled by HAL PROPERTIES, LTD. (HAL).

51. At all material times, HAL, as owner or operator of the facilities on Half Moon 

CAY, owed the Plaintiff, as a lawful entrant and invitee on the island, a duty of reasonable care,

including the duty to take reasonable steps to warn passengers, such as the Plaintiff, adequately of 

any elevation changes or other fall risks created by the condition of the ramp rand adjacent steps 

referenced in Paragraphs 14 and 15, including unevenness, misleveling, or elevation changes, in 

order to ensure the safety of ingress and egress for passengers entering and exiting the chapel, 

including the Plaintiff.

52. At all material times the ramp and steps where the Plaintiff fell were in a high traffic 

area since they were specifically designated for passengers entering and leaving the chapel. No 

alternative safe means of ingress or egress were available at the time to passengers entering and 

exiting the chapel, such as the Plaintiff. 

53. At all material times, HAL knew or should in the exercise of reasonable care have 

known of the dangerous condition of the ramp and adjacent steps as referenced above. HAL’s

actual or constructive knowledge was derived from prior use of the same or substantially similar

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 12 of 16
LEMQUIST V. CARNIVAL CORPORATION 

13

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

ramps and steps, prior fall instances on the same or similarly configured ramps and steps, industry 

standards regarding ramps and steps as referenced in Paragraph 14 above, the recurring nature of 

the dangerous conditions on the ramp and steps, and the length of time the ramp and steps had 

been in an unsafe condition before the Plaintiff fell, a length of time sufficient to invite corrective 

measures.

54. At all material times the dangerous condition of the ramp and steps referenced 

above was neither known nor obvious to the Plaintiff, due to her inability to detect the change in 

elevation referred to in Paragraphs 14 and 15 above. 

55. Notwithstanding HAL’s actual or constructive knowledge of the dangerous 

condition of the ramp where Plaintiff fell, HAL failed before the time of the Plaintiff's injury to 

take reasonable measures adequately to warn the Plaintiff of the risks to passengers including the 

Plaintiff posed by the steepness of the ramp, the inadequately marked change in elevation between 

the smooth and stepped portions of the ramp, and its misleveled or uneven condition, through

adequate signage or markings, oral warnings, redirecting passengers from the dangerous ramp and 

steps, or otherwise.

56. As a direct and proximate result of HAL’s negligence as described above the 

Plaintiff fell as alleged in Paragraph 15 above and has thereby sustained and will continue in the 

future to sustain the damages alleged in Paragraph 16 above. 

WHEREFORE, the Plaintiff demands judgment against Defendant HAL for 

compensatory damages and the costs of this action.

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 13 of 16
LEMQUIST V. CARNIVAL CORPORATION 

14

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

COUNT VI – NEGLIGENT DESIGN OF RAMP AND ADJACENT STEPS – HAL 

PROPERTIES, LTD. 

57. The Plaintiff adopts, re-alleges, and incorporates by reference the allegations of 

Paragraphs 1-16 above as if they were incorporated in full in this Count and further alleges the 

following matters.

58. At all material times, including the injury date of October 4, 2021, the private island 

Half Moon Cay and the facilities thereon, including the chapel and ramp referenced in Paragraphs 

14 and 15 above, were owned, operated, and/or controlled by HAL PROPERTIES, LTD. (HAL).

59. At all material times, HAL, as owner or operator of the facilities on Half Moon 

CAY, owed the Plaintiff, as a lawful entrant and invitee on the island, a duty of reasonable care, 

including the duty to design and install the ramp and adjacent steps referenced in Paragraphs 14 

and 15 above so that it they were reasonably safe for use by passengers, including the Plaintiff, 

entering or exiting the chapel referenced in Paragraphs 14 and 15 above. 

60. At all material times the ramp and steps where the Plaintiff fell were in a high traffic 

area since they were specifically designated for passengers entering and leaving the chapel. No 

alternative safe means of ingress or egress were available at the time to passengers entering and 

exiting the chapel, such as the Plaintiff.

61. At all material times, HAL knew or should in the exercise of reasonable care have 

known of the dangerous condition of the ramp and adjacent steps as referenced above. HAL’s

actual or constructive knowledge was derived from prior use of the same or substantially similar

ramps and steps, prior fall instances on the same or similarly configured ramps and steps, industry 

standards regarding ramps and steps as referenced in Paragraph 14 above, the recurring nature of 

the dangerous conditions on the ramp and steps, and the length of time the ramp and steps had 

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 14 of 16
LEMQUIST V. CARNIVAL CORPORATION 

15

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

been in an unsafe condition before the Plaintiff fell, a length of time sufficient to invite corrective 

measures.

62. At all material times the dangerous condition of the ramp and steps referenced 

above was neither known nor obvious to the Plaintiff, due to her inability to detect the change in 

elevation referred to in Paragraphs 14 and 15 above. 

63. Notwithstanding HAL’s actual or constructive knowledge of the unsafe design and 

installation of the ramp and steps referenced in Paragraphs 14 and 15 above, HAL failed before 

the time of the Plaintiff's injury to take reasonable measures to design and install the ramp and 

steps so that they were reasonably safe for use by passengers entering and exiting the chapel, 

including the Plaintiff, and was thereby negligent.

64. As a direct and proximate result of HAL’s negligence as described above the 

Plaintiff fell as alleged in Paragraph 15 above and has thereby sustained and will continue in the 

future to sustain the damages alleged in Paragraph 16 above. 

WHEREFORE, the Plaintiff demands judgment against Defendant HAL for 

compensatory damages and the costs of this action.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 15 of 16
LEMQUIST V. CARNIVAL CORPORATION 

16

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

DEMAND FOR JURY TRIAL

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

Executed this 30th day of September 2022. 

/s/NICHOLAS I. GERSON

NICHOLAS I. GERSON

Bar Number No. 0020899

ngerson@gslawusa.com

filing@gslawusa.com

PHILIP M. GERSON 

Florida Bar No. 127290

pgerson@gslawusa.com

EDWARD S. SCHWARTZ

Florida Bar No. 346721

eschwartz@gslawusa.com

DAVID MARKEL

Florida Bar No. 78306

dmarkel@gslawusa.com

BRIAN M. ANDINO 

Florida Bar No. 119847

bandino@gslawusa.com

GERSON & SCHWARTZ, P.A. 

1980 Coral Way 

Miami, Florida 33145 

Telephone: (305) 371-6000

Facsimile: (305) 371-5749

Attorneys for Plaintiffs

Case 1:22-cv-23183-CMA Document 1 Entered on FLSD Docket 09/30/2022 Page 16 of 16