MIAMI — A vacationer is suing a cruise ship company, alleging that he was injured aboard ship and is seeking to strike down two of the cruise company’s defenses.
Luis Barrios filed a complaint April 26 in U.S. District Court for the Southern District of Florida against Carnival Corporation, alleging negligence.
The plaintiff alleges on Feb. 26, 2018, he was caused to slip and fall shortly after boarding the Carnival Inspiration. The fall occurred, the suit says, when Barrios went to the wrong muster station, causing the Carinival employee to hastily lead the plaintiff to the correct one.
Barrios alleges he was holding the arm of his travel companion who was being pulled by the Carnival employee and the plaintiff fell on the stairs, resulting in injuries to his spine and causing him to lose enjoyment of life.
Carnival filed an answer to the plaintiff’s allegations of negligence, arguing that Barrios' action was precluded in the plaintiff’s ticket. The defendant also alleged that they were not responsible for the plaintiff’s injury.
The court has agreed with Barrios and decided to strike affirmative defenses two and seven as stated by Carnival. The court believes the defendant's second defense impermissibly seeks to preclude the plaintiff’s ability to bring forth a negligence claim, which the defendant is not allowed to do. The seventh defence seeks to shift the blame for the incident to a third party which is not allowed under general maritime law.
Barriors asks that the defendant’s second and seventh defenses be struck.
The case was heard by U.S. District Judge Federico A. Moreno.
U.S. District Court of the Southern District of Florida case number 1:19-CV-20534