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

CASE NO.

JAYLETHA POUNDS,

Plaintiff,

vs.

CARNIVAL CORPORATION, 

a Panamanian Corporation d/b/a

CARNIVAL CRUISE LINES,

Defendant.

__________________________________________/

COMPLAINT

Plaintiff JAYLETHA POUNDS, a State of Texas citizen and resident, sues Defendant 

CARNIVAL CORPORATION, a Panamanian Corporation 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 JAYLETHA POUNDS is sui juris and is a resident and citizen of the 

State of Texas.

3. 3. Defendant CARNIVAL CORPORATION (CARNIVAL) is a Panamanian 

Corporation with its principal place of business in Miami-Dade County, Florida. For federal 

jurisdictional purposes, it is a citizen of Florida.

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

U.S.C. §1332, since Plaintiff is a resident and citizen of the State of Texas and the Defendant is a 

Case 1:22-cv-22812-KMW Document 1 Entered on FLSD Docket 09/02/2022 Page 1 of 6
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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

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citizen of Florida for purposes of 28 U.S.C. §1332 since its principal place of business is in 

Florida. The amount of damages claimed exceeds $75,000.00, the threshold amount for federal 

jurisdiction under 28 U.S.C. §1332. The damages alleged in Paragraphs 14 and 17 below, 

including fractures of Plaintiff's knee, support an award of damages in excess of $75,000.00.

5. At all material times, Defendant 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, the Defendant has engaged in the business of operating 

maritime cruise vessels for paying passengers, including the Plaintiff.

7. In the operative ticket contract, the Defendant requires fare paying passengers 

such as the Plaintiff to bring any lawsuit against the Defendant 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 the Defendant's principal place of 

business is located within this district.

9. 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 the Defendant timely written notice of her claim as required by the ticket contract by a 

letter of September 30, 2021.

Case 1:22-cv-22812-KMW Document 1 Entered on FLSD Docket 09/02/2022 Page 2 of 6
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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

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

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

vessels, the “BREEZE.” 

11. At all material times, including the accident date of September 3, 2021, the 

Plaintiff was a fare paying passenger aboard the BREEZE and in that capacity was lawfully 

present aboard the vessel.

12. At all material times, the Defendant owed the Plaintiff, as a paying passenger 

lawfully aboard its cruise vessel, a duty of reasonable care for her safety.

13. On or about September 3rd, 2021 there existed a hazardous or dangerous condition 

aboard the BREEZE, to-wit: a raised but non-conspicuous threshold in the doorway of the 

balcony in Stateroom 6229, over which the Plaintiff tripped, fell and sustained serious injuries to 

her left knee. 

14. At the time and place referred to in the preceding paragraph, the Plaintiff, while

attempting to pass through the doorway described above, tripped over the raised threshold

referenced in the preceding paragraph, fell, and sustained injuries including her left knee. 

15. At all material times, the Defendant knew or should have known of the dangerous 

conditions referenced above, specifically the raised non-conspicuous threshold, but failed to take 

reasonable and reasonably available measures to correct the condition. The Defendant knew or 

should have known that the threshold was dangerous and created risk for passengers traversing 

it, either through prior incidents in which passengers tripped over similar thresholds on the

BREEZE or other vessels operated by the Defendant, due to explicit warnings given to the 

Defendant, or otherwise.

Case 1:22-cv-22812-KMW Document 1 Entered on FLSD Docket 09/02/2022 Page 3 of 6
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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

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16. For instance, in prior ship safety meeting minutes dating back to Carnival’s vessel 

Freedom dated 10/23/2016, states in part:

“PREVENTING ACCIDENTS IN GUEST CABINS INFORMATION THAT SHOULD 

BE PASSED TO THE GUESTS BY CABIN STEWARD - The ship cabin has some 

features that make it different from your home- As you can see, there are thresholds/steps 

that may cause you to trip and fall if you are not careful (show thresholds/steps to guests: 

bathroom and balcony)

17. In ship safety meeting minutes dating back to Carnival’s vessel Glory dated 

6/30/2017 states in part that Staff Captain notes:

Cabin Accidents: We should encourage our cabin stewards to be proactive on safety by 

providing our guests with some basic information to prevent cabin accidents. The 

following subjects should be addressed at minimum: Bathroom thresholds; rapidly 

closing balcony doors due to wind tunnel effect while the ship is sailing; placing bunk 

bed ladders properly and using them appropriately; using the lights when possible and not 

attempt to navigate the cabin in the dark and having care when stepping off the shower as 

it is possible to slip or fall due to ship movement. 

18. Notwithstanding Defendant’ actual or constrictive knowledge of the risk 

thresholds posed to passengers including but not limited to references in prior safety meetings 

the Defendants' negligent acts or omissions consist of or more of the following:

a. Failing to maintain the doorway and threshold in a reasonably safe condition;

b. Failing to conduct routine inspections of the doorway and threshold to detect and 

correct dangerous conditions;

c. Failure to implement policies calling for adequate inspection and maintenance of 

the doorway and threshold;

d. Failing adequately to warn passengers of the dangerous condition of the threshold 

and doorway; 

e. Failing to correct the hazardous or dangerous condition once the Defendant 

obtained actual or constructive notice of it.

Case 1:22-cv-22812-KMW Document 1 Entered on FLSD Docket 09/02/2022 Page 4 of 6
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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

19. As a direct and proximate result of one or more of the Defendant’s negligent acts 

or omissions as specified in the preceding paragraph, the Plaintiff JAYLETHA POUNDS was 

injured in and about her body and extremities, sustained injuries including a left ankle fracture 

and left fibula fracture, suffered pain and mental anguish therefrom, incurred past and future 

medical and related expenses in the treatment of her injuries, sustained disability, physical 

impairment, lost wages and future earning capacity, and suffered shame, humiliation, and the 

loss of capacity to enjoy life. These damages are permanent or continuing in their nature and the 

Plaintiff KIMBERLY NICHOLSON will continue to sustain these damages in the future. 

WHEREFORE, the Plaintiff demands judgment against the Defendant for damages and 

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

Case 1:22-cv-22812-KMW Document 1 Entered on FLSD Docket 09/02/2022 Page 5 of 6
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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 2

nd day of September, 2022. 

s/NICHOLAS I. GERSON

NICHOLAS I. GERSON

Florida Bar No. 0020899

ngerson@gslawusa.com 

filing@gslawusa.com 

mmoro@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 

GERSON & SCHWARTZ, P.A.

Attorneys for Plaintiff

1980 Coral Way

Miami, FL 33145-2624

Telephone: (305) 371-6000

Facsimile: (305) 371-5749

Case 1:22-cv-22812-KMW Document 1 Entered on FLSD Docket 09/02/2022 Page 6 of 6