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Complaint – Boating accident – Injured Exiting Boat

IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA

CASE NO: xx-xxxx-xx

ANGAIL E. and BERGE E.,    
 
 Plaintiffs,

 vs.

COSTA CROCIERE S.p.A., an Italian Corporation, and
COSTA CRUISE LINES N.V. L.L.C., a Foreign limited Liability Company,
 Defendants.
__________________________________/   

COMPLAINT

The Plaintiffs, ANGAIL E. and BERGE E., sue the Defendant, COSTA CROCIERE S.p.A (“S.p.A”)  and COSTA CRUISE LINES N.V. L.L.C. (“COSTA”) and alleges:
1. This is an action for damages that exceeds $15,000.00 but does not exceed $75,000.00, exclusive of interest, costs, and attorney=s fees.

COUNT I – NEGLIGENCE

2. All conditions precedent to the maintenance this action have been satisfied.

3. On or about January 17, 2007, Plaintiff, ANGAIL E., was a passenger on board the vessel M/V Costa Magica, which is owned and/or operated by the Defendants.

4. On January 17, 2007, Defendant(s) utilized tenders to transport passengers from the ship to the port at the Cayman Islands.

5. Plaintiffs were passengers on one of the tenders which was owned, operated and under the control of the Defendant(s).  

6. As Plaintiff, ANGAIL E., Defendant’s/s’ agents or employees attempted to assist Plaintiff from the tender to the dock when they were unable to hold Plaintiff as she attempted to exit the tender, resulting in her falling.

7. The Defendant(s) was/were negligent, through its employees or agents, in that:

 (a)    Defendant(s) dropped/let go of Plaintiff as she was being assisted from the tender to the dock/land.

8. As a result of Defendant=s/s’ negligence, Plaintiff, ANGAIL E., suffered permanent bodily injury and resulting pain therefrom, incurred medical expense in the treatment of her injuries and suffered physical handicap.  As the injuries are permanent, Plaintiff will suffer damages, losses and impairment in the future.

9. As of January 17, 2007, the Plaintiffs were married to each other.

10. As a result of the negligence on the part of the Defendant(s), Plaintiff, BERGE E., suffered the loss of his wife’s services, comfort, care and attention in the past and will do so in the future.

WHEREFORE Plaintiffs demand judgment against Defendants for compensatory damages in an amount not exceeding $75,000.00 and further demand a trial by jury of all issues so triable.

COUNT II – BREACH OF DUTY OF SAFE CARRIAGE

11. All conditions precedent to the maintenance this action have been satisfied.

12. On or about January 17, 2007, Plaintiff, ANGAIL E., was a passenger on board the vessel M/V Costa Magica, which is owned and/or operated by the Defendant(s).

13. On January 17, 2007, Defendant(s) utilized tenders to transport passengers from the ship to the port at the Cayman Islands.

14. Plaintiffs were passengers on one of the tenders which was owned, operated and under the control of the Defendant(s).  

15. As Plaintiff, ANGAIL E., attempted to exit the tender, Defendant’s/s’ agents or employees attempted to assist Plaintiff from the tender to the dock when Defendant’s agents or employees breached a duty of safe carriage to Plaintiff as they were unable to successfully maneuver her resulting in Plaintiff falling.

16. The Defendant(s) breached its duty of safe carriage to Plaintiff in that its/their employees or agents dropped/let go of Plaintiff as she was being assisted from the tender to the dock, resulting in her falling and sustaining injuries.

17. As a result of Defendant=s breach of duty of safe carriage, Plaintiff, ANGAIL E., suffered permanent bodily injury and resulting pain therefrom, incurred medical expense in the treatment of her injuries and suffered physical handicap.  As the injuries are permanent, Plaintiff will suffer damages, losses and impairment in the future.

18. As of January 17, 2007, the Plaintiffs were married to each other.

19. As a result of the breach of safe carriage on the part of the Defendant, Plaintiff, BERGE E., suffered the loss of his wife’s services, comfort, care and attention in the past and will do so in the future.

WHEREFORE Plaintiffs demand judgment against Defendant for compensatory damages in an amount not exceeding $75,000.00 and further demand a trial by jury of all issues so triable.

LAW OFFICE OF ALAN D. SACKRIN
Slip and Fall Attorney
Attorney for Plaintiff
2100 East Hallandale Beach Blvd.
Suite 200
Hallandale Beach, FL 33009
Telephone: (954) 455-0800
Facsimile: (954) 455-9649
www.Hallandalelaw.com

By: _________________________
ALAN D. SACKRIN
Florida Bar No. 349070

This is a sample lawsuit related to a specific set of facts and circumstances and should not be used or relied upon if you have been in a slip and fall accident.  We recommend and urge you to consult with an experienced slip and fall lawyer for professional advice as each case is unique.

Quick Slip And Fall Facts:

Slip and falls are the second leading cause of injuries and deaths after car accidents. Every hour an older adult dies as a result of a fall. The most common injuries resulting from slip and falls include, herniated disc, head injury and/or a knee injury. Learn more from Alan Sackrin, an expert slip and fall lawyer.

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