Slip and Fall on Carnival Cruise Ship Results in $2,998,000 Verdict
A Federal District Court Judge recently awarded a verdict in favor of a cruise passenger who was seriously injured in a slip and fall accident during a cruise aboard a Carnival cruise ship.
The passenger, Ms. Denise Kaba, reportedly slipped and fell on the deck around a pool on the Carnival Pride cruise ship in August, 2009. She sustained a fractured knee cap and which resulted in six surgeries and the need for surgery (knee replacement) in the future.
Her theory of liability was that the pool deck was covered with a resin surface which was slippery as ice. Carnival had notice of prior accidents on this type of dangerous surface.
Carnival admitted liability for the accident. The case was tried before the Court (without a jury) solely on the issue of damages.
Judge Ursula Ungaro awarded $2,998,155.70 which consists of $170,483.00 for loss of earning capacity, $221,910.55 for past medical expenses, $373,564.00 for future medical expenses, $200,000.00 for past non-economic damages (pain and suffering, loss of enjoyment of life, mental anguish, scarring, disfigurement, and disability), $1,960,000.00 for future non-economic damages, and $ 72,198.15 in pre-judgment interest:
The case is styled: Denise Kaba v. Carnival Corporation, United States District Court Southern District of Florida, Case No. 10-21627-CIV-UNGARO.
The passenger was represented by Jack Hickey and David Appleby of the Hickey Law Firm.
Carnival was represented by Tom Scott and Armando Rubio of the Cole, Scott & Kissane law firm.
For other recent awards entered against Miami-based cruise lines, read: Royal Caribbean Ordered to Pay $1,250,000 to Injured Crewmember.
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Jim Walker is a maritime attorney who has attended seven Congressional hearing on issues of cruise ship crime, passenger disappearances,
While the grant of all other components of that compensation is justified and commendable, the award of those $1,960,000 'for future non-economic damages' is quite far-fetched. A typical example of the often-mentioned excesses in the US litigation-business.
I dare to assume that the lady in question would never had made 3 million if she had only done her job and spent her holidays e.g. at Miami Beach.