BOMMARITO V. NORWEGIAN CRUISE LINE

The following is a description of a personal injury case we have filed. This is a case involving a personal injury aboard the Norwegian Majesty, a cruise ship owned by Norwegian Cruise Line.

Norwegian Cruise Line’s negligence in training of crewmembers, the cruise line’s negligent procedures requiring crewmembers to push around its decks large carts of food in the presence of passengers, and the negligence of the cruise line employee in pushing a large heavy metal cart into the back of the leg of the Ms. Bommarito caused the accident in this case. The cruise line provides carts to its crewmembers which carts are six to seven feet tall. These carts have various layers with large metal trays. Norwegian Cruise Line requires the crewmembers to push these carts in the presence of and around passengers.

Unfortunately, the crewmembers cannot see all around the cart. Further, the cruise line does not allow for sufficient personnel to have another crewmember walk in front of the cart. As a result of the cruise lines’ negligence, a crewmember, Norwegian Cruise Line’s employee, pushed a food cart into Ms. Bommarito in this case who was walking on a deck in a place where passengers are allowed to walk. The cart struck the left leg and heal of Ms. Bommarito.

As a result of being struck with the food cart, Ms. Bommarito suffered a very deep cut to her heel and her ankle began to bleed very badly and she was in severe pain. At the time that the crewmember struck Ms. Bommarito with the cart, she heard a loud crack or bang which was her Achilles tendon being ruptured. The incident was reported to the ship’s crew. The negligence of Norwegian Cruise Line has caused severe, debilitating and permanent injuries to Ms. Bommarito which thus far has resulted in at least one surgery, follow up medical care, and permanent impairment.

We are fighting… for the safety and security of you and your family. Making cruise lines, other commercial facilities, and products safer and more secure, one case at a time.

Hickey has testified before Congress about safety and security onboard cruise ships and claims against cruise lines. He is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy. He is a Past President of the Dade County Bar Association. He currently serves on the Board of Governors of The Florida Bar. Hickey has been named by his peers as a “SUPERLAWYER” in the Superlawyer.com publication (the top 5% of all lawyers); as a “Top Lawyer in South Florida” in the areas of personal injury and maritime in the South Florida Legal Guide (2004 to present); and as a “Legal Elite” member in Florida Trend Magazine (2006) (top 1.7% of all lawyers). He is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Emerging Leaders in America. Hickey is rated A/V by Martindale Hubbell, the international directory of lawyers, a rating achieved by only 5% of all attorneys. CONTACT US AND SEE OUR RESULTS AT: www.hickeylawfirm.com and CALL US TOLL FREE AT 1.800.215.7117.

BENINATI V. CARNIVAL CORPORATION

Carnival, on the Celebration, maintains a dance floor in the Island of the Sky Lounge with a raised strip in the center which is a tripping hazard. The dance floor is of course a place where passengers are not expected to look down at their feet while they are dancing and walking. Further, the dance floor area is not well lit.

Mr. and Mrs. Beninati were staying on the ship, the Celebration, as passengers. On or around 10:00 p.m., Mr. and Mrs. Beninati were on the dance floor on the Island of the Sky Lounge. Mrs. Beninati was attempting to walk off the dance floor when she tripped on the raised stripping.

The negligent condition was created by Carnival Corporation; known to Carnival; and had existed for a sufficient length of time so that Carnival should have know of it; and was a continuous and repetitive problem thus giving notice to Carnival. The negligent condition also occurred with a sufficient regularity so as to be foreseeable by Carnival, and should have been foreseeable by Carnival.

As a result of the Carnival’s negligence, Mrs. Beninati has suffered bodily injury and possibly aggravation of preexisting conditions, and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to earn money. The losses are either permanent or continuing. Mrs. Beninati has suffered these losses in the past and will continue to suffer them in the future.

We are fighting… for the safety and security of you and your family. Making cruise lines, other commercial facilities, and products safer and more secure, one case at a time.

Hickey has testified before Congress about safety and security onboard cruise ships and claims against cruise lines. He is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy. He is a Past President of the Dade County Bar Association. He currently serves on the Board of Governors of The Florida Bar. Hickey has been named by his peers as a “SUPERLAWYER” in the Superlawyer.com publication (the top 5% of all lawyers); as a “Top Lawyer in South Florida” in the areas of personal injury and maritime in the South Florida Legal Guide (2004 to present); and as a “Legal Elite” member in Florida Trend Magazine (2006) (top 1.7% of all lawyers). He is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Emerging Leaders in America. Hickey is rated A/V by Martindale Hubbell, the international directory of lawyers, a rating achieved by only 5% of all attorneys. CONTACT US AND SEE OUR RESULTS AT: www.hickeylawfirm.com and CALL US TOLL FREE AT 1.800.215.7117.

Behrens v. Royal Caribbean Cruise Line

The following is a description of a personal injury case we have filed. This is a case involving a personal injury aboard the Monarch of the Seas, a cruise ship owned by Royal Caribbean Cruise Line.

Royal Caribbean Cruise Line chose a material for an outdoor deck on which it provided a basketball court which was dangerous not only because of grooves or depressions between the planks but also because of the cruise line’s failure to maintain the decking. Royal Caribbean encouraged and promoted basketball games to be played on this decking by its passengers.

Because of the color of the surface and the lines in the planking of the surface, the deterioration of the surface was neither open nor obvious to passengers such as Mr. Behrens. Royal Caribbean failed to maintain the surface and failed to replace or repair deteriorated planking and the rubber or silicone like substance between the planks.

As a result, some planks warped or bowed or rose up above other planks and the spaces or grooves between the some planks became wider and deeper, thus creating a tripping hazard on the basketball court, and water accumulated in the grooves and deteriorated and/or warped areas thus creating a slipping hazard. As a result of the cruise line’s promotion of games on a dangerous basketball court, failure to maintain the court, and failure to warn anyone of the dangerousness of the court, Mr. Behrens tripped and fell while using the court causing him serious, debilitating, and permanent injuries.

We are fighting… for the safety and security of you and your family. Making cruise lines, other commercial facilities, and products safer and more secure, one case at a time.

Hickey has testified before Congress about safety and security onboard cruise ships and claims against cruise lines. He is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy. He is a Past President of the Dade County Bar Association. He currently serves on the Board of Governors of The Florida Bar. Hickey has been named by his peers as a “SUPERLAWYER” in the Superlawyer.com publication (the top 5% of all lawyers); as a “Top Lawyer in South Florida” in the areas of personal injury and maritime in the South Florida Legal Guide (2004 to present); and as a “Legal Elite” member in Florida Trend Magazine (2006) (top 1.7% of all lawyers). He is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Emerging Leaders in America. Hickey is rated A/V by Martindale Hubbell, the international directory of lawyers, a rating achieved by only 5% of all attorneys. CONTACT US AND SEE OUR RESULTS AT: www.hickeylawfirm.com and CALL US TOLL FREE AT 1.800.215.7117.

Alexander v. Carnival Cruise Line

The following is a description of a personal injury case we have filed. This is a case involving a personal injury aboard the Carnival Glory, a cruise ship owned by Carnival Cruise Lines.

On the date and time of the accident, Carnival Cruise Line knew and knows they had a continuous and repetitive problem of slipperiness on the lido deck. On this cruise on the Carnival Glory, several people had slipped and fallen on that deck that Ms. Alexander slipped and fell on. Carnival Cruise Line also negligently allowed food from breakfast, which was observed on or near the open area of the lido deck, to remain on the lido deck for hours on end.

As a result of the slipperiness of the deck and Carnival’s negligence in allowing food to remain on the flooring for numerous hours, Ms. Alexander walked through the area where the food was scattered and slipped and fell. Ms. Alexander suffered serious, debilitating, and permanent injuries which thus far have required surgery and hospitalization.

We are fighting… for the safety and security of you and your family. Making cruise lines, other commercial facilities, and products safer and more secure, one case at a time.

Hickey has testified before Congress about safety and security onboard cruise ships and claims against cruise lines. He is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy. He is a Past President of the Dade County Bar Association. He currently serves on the Board of Governors of The Florida Bar. Hickey has been named by his peers as a “SUPERLAWYER” in the Superlawyer.com publication (the top 5% of all lawyers); as a “Top Lawyer in South Florida” in the areas of personal injury and maritime in the South Florida Legal Guide (2004 to present); and as a “Legal Elite” member in Florida Trend Magazine (2006) (top 1.7% of all lawyers). He is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Emerging Leaders in America. Hickey is rated A/V by Martindale Hubbell, the international directory of lawyers, a rating achieved by only 5% of all attorneys. CONTACT US AND SEE OUR RESULTS AT: www.hickeylawfirm.com and CALL US TOLL FREE AT 1.800.215.7117.

JANE DOE v. ROYAL CARIBBEAN CRUISE LINE

The following is a description of a personal injury case we have filed. This is a case involving a personal injury aboard the Majesty of the Seas, a cruise ship owned by Royal Caribbean Cruise Line. The individual who was assaulted will be referred to as Jane Doe since her identity should not be public record due to the nature of Royal Caribbean’s offenses.

Royal Caribbean Cruise Line hires foreign nationals as crew members, including waiters, to save money. They pay these waiters little or nothing in salary. The cruise lines set up a table assignment and tipping system and rely on the passengers paying the waiters through that tipping system. The tipping system is an integral part of the caterer-passenger relationship that encourages the waiter to socialize with the assigned dinner passengers. Further, the cruise line knows that the passengers who are on the cruise ship are open to a trusting relationship with the waiters and other crew members and staff on board the cruise ship. In fact, cruises are marketed by Royal Caribbean Cruise Line as an all inclusive type vacation where the only thing you need to carry with you throughout the cruise ship is your internal card used to charge things on Royal Caribbean’s account.

The cruise line owes a non-delegable duty to protect their passengers from crew-member assaults and thereby safely transport their cruise passengers. Accordingly, Federal and State law impose on the cruise line strict liability for crew member assault on passengers.

On or about November 8, 2004, Royal Caribbean’s head waiter onboard the Majesty of the Seas sexually assaulted and raped Jane Doe after escorting her back to her cabin onboard the ship. The head waiter escorted Jane Doe back to her cabin when the she was inebriated and the head waiter knew that the she was inebriated. Jane Doe was inebriated and incapable of providing consent or appreciating the actions of the head waiter.

The head waiter attempted to cover up the sexual assault and rape the next day. The day after the sexual assault/rape, the head waiter directed a subordinate waiter to advise Jane Doe that it was he, the waiter, who had escorted her back to her room the night before. The head waiter admitted the next day that it was he who escorted Jane Doe back to the room.

Further, the head waiter who committed the sexual assault and rape then told Jane Doe not to tell anyone that they had been together. The following day he again committed sexual assault and battery, this time without penetration, on Jane Doe. During the two following days, the waiter continued assault on Jane Doe.

As a result of sexual assault and battery by the head waiter, Jane Doe has suffered in the past and will continue in the future to suffer emotional distress, mental anguish, pain and suffering, medical expense, lost wages, loss of ability to earn income in the future, and loss of enjoyment of life.

We are fighting… for the safety and security of you and your family. Making cruise lines, other commercial facilities, and products safer and more secure, one case at a time.

Hickey has testified before Congress about safety and security onboard cruise ships and claims against cruise lines. He is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy. He is a Past President of the Dade County Bar Association. He currently serves on the Board of Governors of The Florida Bar. Hickey has been named by his peers as a “SUPERLAWYER” in the Superlawyer.com publication (the top 5% of all lawyers); as a “Top Lawyer in South Florida” in the areas of personal injury and maritime in the South Florida Legal Guide (2004 to present); and as a “Legal Elite” member in Florida Trend Magazine (2006) (top 1.7% of all lawyers). He is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Emerging Leaders in America. Hickey is rated A/V by Martindale Hubbell, the international directory of lawyers, a rating achieved by only 5% of all attorneys. CONTACT US AND SEE OUR RESULTS AT: www.hickeylawfirm.com and CALL US TOLL FREE AT 1.800.215.7117.