Case 1:12-cv JAL Document 1 Entered on FLSD Docket 08/14/2012 Page 1 of 5

Transcription

1 Case 1:12-cv JAL Document 1 Entered on FLSD Docket 08/14/2012 Page 1 of 5 S.M., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION IN ADMIRALTY CASE NO.: v. Plaintiff, ROYAL CARIBBEAN CRUISES, LTD., a foreign corporation, Defendant. / COMPLAINT Plaintiff, S.M., sues Defendant, ROYAL CARIBBEAN CRUISES, LTD. ( RCCL ), and states: JURISDICTION AND VENUE 1. This is an action brought within the jurisdiction of this Court pursuant to 28 U.S.C and under general maritime law. 2. Venue is proper in this forum. 3. All conditions precedent to the filing of this action have been fulfilled. 4. At all times material, S.M. was an adult resident of the Southern District of Florida. 5. At all times material, RCCL was a foreign corporation, duly registered, with its principal place of business in Miami-Dade County, Florida. RCCL is a cruise line. FACTS GIVING RISE TO THIS ACTION 6. RCCL owns and operates cruise ships throughout the world, including the ship known as the Navigator of the Seas.

2 Case 1:12-cv JAL Document 1 Entered on FLSD Docket 08/14/2012 Page 2 of 5 Page 2 7. In the context of operating cruise ships for profit, RCCL is a common carrier. 8. S.M. entered into a contract of passage with RCCL whereby she was to be a passenger on the Navigator of the Seas on a nine day eastern Caribbean holiday cruise, departing on December 30, 2011 from Fort Lauderdale, Florida. 9. S.M. embarked on that cruise as scheduled. 10. In the early morning of January 1, 2012, while the ship was in navigable waters, S.M. decided to use one of the ship s whirlpools. She went up to the deck where the pool was located. 11. Upon arriving at her destination, S.M. encountered a crew member, JOHN DOE. 12. S.M. inquired of DOE as to where she could find a towel. 13. DOE indicated to S.M. that she should follow him, which she did. 14. DOE led S.M. towards an area marked crew members. At the last minute, however, he led her instead into a women s bathroom located on deck. 15. Instead of assisting S.M., however, DOE grabbed her without her consent and threw her against the wall, and sexually assaulted and battered her. 16. S.M. was able to escape DOE s grasp and get out of the bathroom; however, DOE grabbed S.M. and pulled her back into the bathroom, where he continued his assault. Portions of the attack are on surveillance video. 17. S.M. was able to free herself and get away from DOE in a panic. 18. S.M. reported the incident to ship security, which took DOE into custody and, on information and belief, discharged him at the next port of call. RCCL has refused to identify DOE, or to tell S.M. what legal action, if any, was taken against him. 19. As a result of the unprovoked sexual assault on her person, S.M. has suffered

3 Case 1:12-cv JAL Document 1 Entered on FLSD Docket 08/14/2012 Page 3 of 5 tremendous damages. COUNT I NEGLIGENCE Page Plaintiff realleges Paragraphs 1-18 and incorporates them herein. 21. At all times material, RCCL had a duty towards S.M., its paying passenger, to exercise reasonable care to ensure her safety and well-being while aboard RCCL s ship. 22. RCCL, through its agents, breached this duty towards S.M., by, among other things: a. Failing to provide a reasonably safe environment for passengers aboard its ship, by allowing an atmosphere to exist that permitted employees to accost and assault passengers; b. Failing to properly investigate JOHN DOE s background, criminal and employment history prior to his hiring; c. Negligently hiring JOHN DOE and placing him in a position that facilitated this attack, when RCCL knew or should have known that he presented a danger to female passengers; d. Retaining JOHN DOE as an employee and placing him in a position that facilitated this attack, when RCCL knew or should have known that he presented a danger to female passengers; e. Failing to properly monitor and control the conduct of its employees, including JOHN DOE, such that the assault took place; f. Failing to provide adequate security to passengers, including S.M., that could have prevented this attack; g. Failing to implement procedures and policies, despite knowledge of prior incidents, designed to prevent crewmember attacks on passengers; h. Failing to adequately monitor common areas on the ship, such that this attack could have been prevented; i. Failing to adequately warn passengers, including S.M., of the dangers and risks of unmonitored contact with crewmembers, including JOHN DOE; j. Violating the International Safety Management Code by failing to have an adequate Safety Management System Manual and/or by failing to properly

4 Case 1:12-cv JAL Document 1 Entered on FLSD Docket 08/14/2012 Page 4 of 5 Page 4 implement its existing manual, as it relates to the protection of passengers from crewmember assault; and k. releasing JOHN DOE in a foreign jurisdiction, and hiding his identity, so as to impede S.M. s ability to investigate or bring JOHN DOE to justice. 21. As a direct and proximate result of the negligence of RCCL as described, S.M. was assaulted and suffered bodily injury, pain and suffering, mental anguish, loss of the capacity to enjoy life, loss of the capacity to earn money, loss of the value of her vacation cruise, and medical and other treatment expenses. These losses are permanent and continuing. 22. The actions of RCCL, given its prior knowledge, were wanton, willful, and outrageous in that they were tantamount to turning a blind eye to the cruise industry s dirty secret the risk of sexual assaults on passengers. As such, the imposition of punitive damages is warranted. COUNT II VICARIOUS LIABILITY 23. Plaintiff realleges Paragraphs 1-18 and incorporates them herein. 24. The actions of JOHN DOE, as described, having been undertaken against S.M. s will and without her consent, constituted an assault against her person; a battery against her person; and a false imprisonment. 25. As a common carrier, it is well established that RCCL is strictly and vicariously liable for the actions of its crewmembers, including JOHN DOE, towards passengers, including S.M. 26. As a result of JOHN DOE s conduct, S.M. was assaulted and suffered bodily injury, pain and suffering, mental anguish, loss of the capacity to enjoy life, loss of the capacity to earn money, loss of the value of her vacation cruise, and medical and other treatment expenses. These losses are permanent and continuing. RCCL is liable to S.M. for the full measure of damages, including punitive damages, occasioned by DOE s conduct.

5 Case 1:12-cv JAL Document 1 Entered on FLSD Docket 08/14/2012 Page 5 of 5 PRAYER FOR RELIEF Page 5 WHEREFORE, S.M. demands judgment against RCCL for money damages, including punitive damages, court costs, prejudgment interest on all liquidated damages, and all other relief the Court sees fit to grant, after trial by jury on all issues so triable. RESPECTFULLY SUBMITTED, FEILER & LEACH, P.L. Attorneys for Plaintiff 901 Ponce de Leon Blvd., Penthouse Suite Coral Gables, FL Tel. (305) Fax (305) mbf@flmlegal.com By: /s/ Michael B. Feiler Michael B. Feiler Board Certified Civil Trial Lawyer Fla. Bar No