Carnival Cruise Line Lawsuit Filed in Dallas
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Transcript of Carnival Cruise Line Lawsuit Filed in Dallas
PLAINTIFFS’ ORIGINAL COMPLAINT - Page 1 of 29
Carnival - Original Complaint thn030213.wpd
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
STARLEEN CLINE;
PAUL CLINE;
SETH TANNER and
MICHELLE TANNER, Individually
and as Next Friends of BRANDON
TANNER and RACHEL TANNER,
Minors;
KELLY LEE BLAYLOCK and
KELLY ANN BLAYLOCK,
Individually and as Next Friends of
LILLIAN BLAYLOCK, RUBY
BLAYLOCK,
RICKEY BLAYLOCK, and
LEEANN BLAYLOCK, Minors;
SOPHIA PIERCE;
WHITNEY HOLCOMB;
STEPHANIE LANGFORD;
NANCY MONTEY; and
ROBERT TRAVIS HICKS,
Plaintiffs,
V.
CARNIVAL CORPORATION d/b/a
CARNIVAL CRUISE LINES,
Defendant.
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Civil Action No.: _________
PLAINTIFFS’ ORIGINAL COMPLAINT
Plaintiffs, STARLEEN CLINE and PAUL CLINE; SETH TANNER and
MICHELLE TANNER, Individually and as Next Friends of BRANDON
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PLAINTIFFS’ ORIGINAL COMPLAINT - Page 2 of 29
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TANNER and RACHEL TANNER, Minors; KELLY LEE BLAYLOCK and
KELLY ANN BLAYLOCK, Individually and as Next Friends of LILLIAN
BLAYLOCK, RUBY BLAYLOCK, RICKEY BLAYLOCK, and LEEANN
BLAYLOCK, Minors; SOPHIA PIERCE; WHITNEY HOLCOMB;
STEPHANIE LANGFORD; NANCY MONTEY; and ROBERT TRAVIS
HICKS, complain of Carnival Corporation d/b/a Carnival Cruise Lines
(“Carnival”), Defendant, and would respectfully show the Court as follows:
I.
PARTIES
1. Plaintiffs STARLEEN CLINE and PAUL CLINE, wife and husband,
are citizens of Texas, as well as the United States, and have been domiciled at all
material times in Brown County, Texas.
2. Plaintiffs SETH TANNER and MICHELLE TANNER, husband and
wife, are citizens of Texas, as well as the United States, and have been domiciled
at all material times in Tarrant County, Texas; and they are the parents of
BRANDON TANNER and RACHEL TANNER, minor children.
3. Plaintiffs KELLY LEE BLAYLOCK and KELLY ANN
BLAYLOCK are citizens of Texas, as well as the United States and have been
domiciled at all material times in Henderson County, Texas. KELLY LEE
BLAYLOCK and KELLY ANN BLAYLOCK are the parents of LILLIAN
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Carnival - Original Complaint thn030213.wpd
BLAYLOCK, RUBY BLAYLOCK, RICKEY BLAYLOCK, and LEEANN
BLAYLOCK, all minor children.
4. Plaintiff SOPHIA PIERCE is a citizen of Texas, as well as the
United States and has been domiciled at all material times in Smith County,
Texas. Plaintiff SOPHIA PIERCE traveled on this Carnival Cruise together with
her adult daughters, Plaintiffs WHITNEY HOLCOMB and STEPHANIE
LANGFORD.
5. Plaintiff WHITNEY HOLCOMB is a citizen of Texas, as well as the
United States and has been domiciled at all material times in Taylor County,
Texas. Plaintiff WHITNEY HOLCOMB traveled on this Carnival Cruise
together with her mother, Plaintiff SOPHIA PIERCE, and sister, Plaintiff
STEPHANIE LANGFORD.
6. Plaintiff STEPHANIE LANGFORD is a citizen of Texas, as well as
the United States and has been domiciled at all material times in Harris County,
Texas. Plaintiff STEPHANIE LANGFORD traveled on this Carnival Cruise
together with her mother, Plaintiff SOPHIA PIERCE, and sister, Plaintiff
WHITNEY HOLCOMB.
7. Plaintiff NANCY MONTEY is a citizen of Texas, as well as the
United States and has been domiciled at all material times in Chambers County,
Texas. Plaintiff NANCY MONTEY traveled on this Carnival Cruise together
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with her boyfriend Plaintiff ROBERT TRAVIS HICKS.
8. Plaintiff ROBERT TRAVIS HICKS is a citizen of Texas, as well as
the United States and has been domiciled at all material times in Chambers
County, Texas. Plaintiff ROBERT TRAVIS HICKS traveled on this Carnival
Cruise together with his girlfriend Plaintiff NANCY MONTEY.
9. Defendant CARNIVAL CORPORATION D/B/A CARNIVAL
CRUISE LINES is a Panamanian corporation doing business in the State of
Texas. Service of process may be had upon Defendant by serving its Texas
registered agent for service, National Registered Agents, Inc., 1021 Main Street,
Suite 1150, Houston, Texas 77002. It owns and operated the cruise ship in
question.
II.
JURISDICTION & VENUE
1. Diversity jurisdiction is proper in this Court under 28 U.S.C. §1332
(a)(1) because the Defendant is domiciled outside Texas and the Plaintiffs are
citizens of Texas; and the amount in controversy exceeds $75,000, excluding
interest and costs.
2. Maritime jurisdiction is proper in this Court because Plaintiffs assert
fraud and misrepresentation against Defendant in connection with the formation
of a maritime contract and breach of performance of a maritime contract pursuant
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PLAINTIFFS’ ORIGINAL COMPLAINT - Page 5 of 29
Carnival - Original Complaint thn030213.wpd
to 28 U.S.C. §1333.
3. In the alternative, this Court has supplemental jurisdiction over all
other claims that are so related to claims in action within the original jurisdiction
that they form the same case or controversy under Article III of the U.S.
Constitution pursuant to 28 U.S.C. §1367.
4. Venue is proper in this Federal Court in the Northern District of
Texas because several of the Plaintiffs resided in this District at all relevant times
in question. Pursuant to the Maritime Liability Statute, 46 U.S.C.A. § 30101 et
seq. and Tex. Civ. Prac. & Rem. Code § 15.0181(c)(3), venue in this Court is
proper.
5. Any contractual venue provisions different from those stated above
are void or voidable. Plaintiffs plead that any other venue provisions are void
based on the principles of:
A. Unconscionability. Under the totality of the circumstances,
Plaintiffs had no bargaining ability. In addition, prior to
leaving port, Defendant was aware of the mechanical
problems on board the Vessel in question and the lack of its
seaworthiness; or in the alternative,
B. Misrepresentation and Fraudulent Inducement. Prior to
departure, Defendant knew that the Vessel in question was not
sufficiently seaworthy to be able to provide Plaintiffs a safe,
sanitary, and enjoyable voyage. Plaintiffs relied on
Defendant’s false assertion that they would have a safe,
comfortable, and fun cruise experience aboard Defendant’s
Vessel.
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III.
FACTS
1. Plaintiffs were passengers and invitees aboard the Carnival Triumph
(the “Vessel”) that left port from Galveston, Texas on Thursday, February 7, 2013
for a leisure cruise vacation to Mexico. The Vessel was scheduled to arrive back
to Texas on Monday morning, February 11, 2013.
2. However, on Sunday, February 10, 2013, while at sea at around 5:30
a.m., the Vessel lost power after an engine room caught fire. The Vessel either
drifted or floated at sea for five days without a propulsion system, most electric
generators, and other necessary machinery, including but not limited to, sanitation
systems, waste water disposal, refrigeration for food, climate control, and
plumbing.
3. As a result, Plaintiffs were physically harmed and fearful for their
lives when they were trapped aboard the listing Vessel and forced to endure
unsafe, unsanitary, and unreasonable living conditions for five days.
4. Plaintiffs were exposed to urine and feces, along with the noxious
odors of raw sewage, which spilled out of the now non-functioning toilets and
shower drains; and leaked through the ceilings, walls, and floors; and flowed
through the rooms and hallways of the Vessel. Plaintiffs had to defecate and
urinate into plastic bags, shower drains, sinks, and/or buckets.
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5. Because of the noxious odors in their rooms, Plaintiffs slept on
crowded decks and communal areas of the Vessel in fear for their safety.
6. Plaintiffs were exposed to extreme heat and cold temperatures and
waited in long lines for hours for inadequate and rationed water and food that was
sometimes spoiled, raw, or uncooked.
7. The Vessel did not have sufficient power or backup generators for
cooking or hot water.
8. Plaintiffs did not set foot on land until late Thursday or early Friday
morning, February 14 and 15, 2013 in Mobile, Alabama, at which time Plaintiffs
had to endure another long journey before reaching their respective homes in
Texas.
9. As a result of the above-described conditions, Plaintiffs’ emotional
injuries had physical manifestations, e.g., nausea, headache, fatigue, dizziness,
upset stomach, insomnia, disturbed sleep, poor sleep, and nightmares.
10. At all relevant times, the Vessel was owned, operated, managed, and
controlled by Defendant Carnival Corporation d/b/a Carnival Cruise Lines.
11. Defendant had previously encountered related safety issues with the
Vessel during the weeks leading up to the voyage in question.
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Carnival - Original Complaint thn030213.wpd
IV.
CAUSE OF ACTION 1: NEGLIGENCE
1. Plaintiffs re-allege all prior paragraphs as though fully set forth herein.
2. As a common carrier, Defendant had a high duty of care to: (a) provide
Plaintiffs with a safe passage aboard a seaworthy vessel and (b) exercise a high duty
of care and effort to avoid subjecting Plaintiffs to suffering or inconvenience.
Defendant owed a high duty to Plaintiffs to exercise reasonable care to avoid a
foreseeable risk of injury to Plaintiffs.
3. Based on the recent history of problems on the Vessel prior to leaving
port and prior to the engine room fire, Defendant’s management should have had
high suspicions or actual knowledge that the Vessel could possibly encounter serious
difficulties on this voyage, and that Defendant could not, in the event of an
emergency such as encountered on this voyage, reasonably care for and keep safe the
four-thousand (4000) persons on board. However, Defendant proceeded with the
voyage in question anyway.
4. Defendant’s negligent acts and omissions were a direct and proximate
cause of the crippled Vessel and the resulting injuries and damages sustained by
Plaintiffs.
5. The negligent acts and omissions, among others, committed by
Defendant, are as follows:
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A. Failure to properly and adequately maintain the Vessel in a
reasonable and safe manner to prevent a fire in the engine room;
B. Failure to properly and adequately maintain the Vessel so if a
fire were to break out, it would not result in loss of power to the
Vessel;
C. Failure to properly and adequately inspect the Vessel for hazards
prior to leaving port and prior to the engine room fire;
D. Failure to adequately maintain the engines and machinery of the
Vessel once a fire broke out;
E. Failure to implement adequate emergency policies and/or
procedures to protect the health and welfare of passengers during
a failure of the ship’s systems;
F. Failure to implement adequate policies and/or procedures to
prevent the failure of shipboard systems necessary to ensure the
reasonable safety of its passengers;
G. Failing to adequately maintain and implement proper procedures
to power up the Vessel after a fire did occur;
H. Failure to erect and maintain handicap access ramps for use by
handicapped Plaintiffs when there is a loss of power for the
elevators on the Vessel;
I. Failing to implement, follow, and enforce applicable safety and
sanitation regulations aboard the Vessel;
J. Failure to warn passengers of dangers that Defendant knew or
should have known as to the unreasonable and unsafe conditions
which existed on the Vessel prior to leaving the Texas port;
K. Failure to adequately staff, supervise, and train staff to properly
monitor and take adequate measures to abate the danger of fire;
L. Failure to implement safety policies and procedures to abate the
foreseeable risk of injury and avoid increasing the danger to
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Plaintiffs created by Defendant’s deliberate decisions in
operation of the Vessel;
M. Failure to properly hire competent management of the Vessel;
N. Failure to properly supervise competent management of the
Vessel;
O. Failure to provide sanitary accommodations and sanitation
aboard the Vessel after the engine room fire, creating a
significant risk to Plaintiffs’ health and safety;
P. Failure to provide adequate ventilation, exposing Plaintiffs to
noxious odors and gases;
Q. Failure to provide adequate food and drinking water to Plaintiffs;
R. Failure to remedy hazardous conditions on the Vessel;
S. Violation of the International Safety Management Code to
prevent human injury;
T. Failure to reasonably maintain the seaworthiness of the Vessel;
and
U. Failure to otherwise maintain the Vessel in a safe and reasonable
manner.
6. One or more of the above acts of negligence was a direct and
proximate cause of the harm and injuries suffered by Plaintiffs.
7. Plaintiffs invoke the doctrine of respondeat superior with respect to
the acts and omissions of Defendant’s officers, employees, or agents. Plaintiffs
would show that Defendant’s conduct, through its officers, employees, or agents,
as set forth herein and otherwise, constituted negligence by act or omission, each,
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separately and together, was a direct and proximate cause of the occurrence or
injuries in question and Plaintiffs’ damages resulting from the occurrence in
question.
8. Plaintiffs would further show that Defendant’s conduct and omissions
together constituted gross negligence. Defendant either (a) created the above-
described dangerous conditions, (b) had actual or constructive knowledge of the
dangerous conditions and did not correct them, and/or © had actual or constructive
knowledge of the dangerous conditions, or a similar dangerous condition, or the
cause of the dangerous conditions were repetitive, continuous, ongoing, recurring,
or occurring with some regularity prior to the departure in question.
V.
CAUSE OF ACTION 2: BREACH OF MARITIME CONTRACT
1. Plaintiffs re-allege all prior paragraphs as though fully set forth herein.
2. Defendant and Plaintiffs entered into a contract whereby Defendant was
to provide Plaintiffs a four-day leisure cruise that included safe passage on a
seaworthy vessel, adequate and wholesome food, adequate drinking water, and
sanitary and safe living conditions.
3. Defendant materially breached this contract by not providing a four-day
leisure cruise that included safe passage on a seaworthy vessel, adequate and
wholesome food, adequate drinking water, and sanitary and safe living conditions.
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4. Defendant’s breach of contract proximately caused Plaintiffs’ injuries.
VI.
CAUSE OF ACTION 3: NEGLIGENT MISREPRESENTATION
1. Plaintiffs re-allege all prior paragraphs as though fully set forth herein.
2. Defendant, through its multi-media advertising campaign and the
internet, made representations and offers to Plaintiffs for a quality, stress-free, and
memorable vacation experience aboard a seaworthy vessel prior to Plaintiffs’
embarkment. Plaintiffs justifiably relied on Defendant’s representations, but these
representations were false.
3. Defendant did not exercise reasonable care or competence in
communicating the information when it knew or had reason to know that the Vessel
was experiencing problems with its propulsion and/or engine room fire suppression
equipment and/or other related seaworthiness issues with the Vessel in the weeks
and/or months leading up to the voyage in question.
4. Defendant’s misrepresentations proximately caused Plaintiffs’ injuries.
VII.
CAUSE OF ACTION 4: FRAUD BY NONDISCLOSURE
1. Plaintiffs re-allege all prior paragraphs as though fully set forth herein.
2. Defendant concealed from or failed to disclose material facts that the
Vessel was not seaworthy, that there were recent and ongoing safety issues with
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the Vessel’s equipment and propulsion systems, and that Defendant might not
provide a safe, sanitary, and enjoyable passage on the Vessel to the approximately
3000 guests and 1000 staff on board. These facts were material. Defendant was
deliberately silent when it had a duty to speak. Defendant knew that Plaintiffs
were ignorant of the facts and the Plaintiffs did not have an equal opportunity to
discover the facts.
3. By failing to disclose these facts, Defendant intended to induce
Plaintiffs to take their scheduled voyage on the Vessel and to refrain from asking
for a refund or a rescheduling of their cruise.
4. Plaintiffs relied on Defendant’s nondisclosures and were injured as a
result of acting without knowledge of the undisclosed facts.
VIII.
CAUSE OF ACTION 5: FRAUD
1. Plaintiffs re-allege all prior paragraphs as though fully set forth herein.
2. At all relevant times while Defendant expected Plaintiffs to take the
cruise in question, Defendant made false representations to Plaintiffs concerning
material facts that Plaintiffs would be provided a safe, sanitary, and enjoyable
passage on a seaworthy vessel with reasonable accommodations. When
Defendant made this representation, Defendant knew the representation was false
or made the representation recklessly, as a positive assertion, that it might very
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well be false, and without knowledge of its truth.
3. Plaintiffs relied on Defendant’s representation to their detriment.
4. Defendant’s false representation caused Plaintiffs’ injuries.
IX.
DAMAGES
The facts outlined below provide a small window into Plaintiffs’ horrific
experience while trapped aboard the crippled Vessel:
A. DAMAGES for STARLEEN CLINE and PAUL CLINE
1. This Carnival Cruise was to be Mr. and Mrs. Cline’s first cruise
experience and the honeymoon they never had. The Clines were assigned to an
inside cabin without any outside ventilation on Deck 1, which is the lowest
passenger level and which was directly above the fire. The toilet and shower in their
cabin overflowed with the ship’s urine and feces, so they carried their mattress and
went to sleep on Deck 10 under a make-shift tent.
2. Plaintiffs were injured, made sick, and have experienced discomfort.
The smells of sewage, feces, and urine were strong and overwhelmed Plaintiffs.
Plaintiffs have incurred medical expenses in the past and in all reasonable probability
such injuries and medical expenses will continue in the future.
3. Starleen Cline has experienced bad dreams and Paul Cline has also
experienced dreams about their horrific experience aboard the Vessel and both have
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had problems sleeping. The Clines have experienced mental anguish and emotional
distress in the past and in all reasonable probability such mental anguish and
emotional distress will continue in the future.
4. Starleen Cline slipped on urine-wet steps and injured her right shoulder.
She has experienced physical impairment and physical pain in the past and in all
reasonable probability will suffer impairment and physical pain in the future.
5. Because they could not timely return to their work, Plaintiffs have
suffered lost earnings.
6. Plaintiffs have experienced benefit-of-the-bargain damages because
they lost the valuable vacation promised aboard the Vessel and instead received a
near disastrous experience.
7. The Clines have experienced pecuniary and out-of-pocket damages in
the past related to, and including but not limited to, the cost of the cruise,
transportation, additional food and lodging, and incidentals costs.
8. The Clines had to ride a bus from Mobile, Alabama to New Orleans,
Louisiana and then had to fly to Houston, Texas, where they then had to ride a bus
to Galveston to retrieve their car to then drive home to Brownwood, Texas. About
100 miles from home, they were too exhausted to continue their trek, so they
stopped, rented a room, and went to sleep before completing their trip home.
Plaintiffs have experienced lost time in the past for the additional time aboard the
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Vessel after the fire, traveling home, and seeking medical care.
B. DAMAGES for MICHELLE TANNER and SETH TANNER,
Individually
1. This Carnival Cruise was to be a family vacation for the Tanner family
and the first cruise for both their children. The Tanners were assigned to an inside
cabin on Deck 6 with no outside ventilation. The Tanners’ toilet and shower
overflowed with the ship’s urine and feces, so they and their two children had to
move to Deck 3 to sleep on the sun loungers. As a proximate result of the incident
described herein:
2. Both Seth and Michelle Tanner have had nightmares about their horrific
experience aboard the Vessel and have had problems sleeping. Plaintiffs have
experienced mental anguish and emotional distress in the past and in all reasonable
probability such mental anguish and emotional distress will continue in the future.
3. The smells of sewage, feces, and urine were strong and overwhelmed
Plaintiffs. Mr. and Mrs. Tanner and their children were injured, made sick, and have
experienced discomfort. Plaintiffs have incurred medical expenses in the past and
in all reasonable probability such medical expenses will continue in the future.
4. Because they could not timely return to their work, Plaintiffs have
suffered lost earnings in the past.
5. Plaintiffs have experienced benefit-of-the-bargain damages because
they lost the valuable vacation promised aboard the Vessel and instead received a
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horrific experience.
6. The Tanners had to ride a bus from Mobile, Alabama to New Orleans,
Louisiana. Mr. Tanner’s father drove to New Orleans to intercept them and pick
them up in his own vehicle on Friday. From New Orleans, the Tanner family drove
to Houston, Texas and stayed in a hotel in Houston, then picked up their vehicle
from Galveston, and then drove home to Keller, Texas on Saturday, February 15,
2013. The Tanners have experienced pecuniary and out-of-pocket damages in the
past related to, and including but not limited to, the cost of the cruise, transportation,
additional food and lodging, and incidentals costs.
7. Plaintiffs have experienced lost time in the past for the additional days
aboard the Vessel after the fire, traveling home, and seeking medical care.
C. DAMAGES for MINOR CHILDREN BRANDON TANNER and
RACHEL TANNER.
1. Brandon was 8-years old and Rachel was 6-years old while on the
Vessel. Brandon is diagnosed as a high functioning autistic child. The toilet and
shower in their cabin overflowed with the ship’s urine and feces. The smells of
sewage, feces, and urine were strong and overwhelmed these children. They went
with their parents to Deck 3 to sleep on the sun loungers.
2. As a result of her horrific experience aboard the vessel, Rachel has had
several episodes of screaming and crying fits as a result, and she had an ear infection,
ran a fever, and lost three pounds of her 50 pound-weight while on the vessel.
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Brandon Tanner has stayed unusually close to his parents when he normally would
not.
3. These two children have experienced mental anguish and emotional
distress and physical upset in the past, and in all reasonable probability such mental
anguish and emotional distress will continue in the future.
D. DAMAGES for KELLY LEE BLAYLOCK and KELLY ANN
BLAYLOCK, Individually.
1. This Carnival Cruise was to be a family vacation for the Blaylock
family. The Blaylocks were assigned to two inside cabins without any outside
ventilation on Deck 10. The toilet and shower in their cabins overflowed with the
ship’s urine and feces. Their handicap-accessible cabin did not have a lip around the
bottom of the shower, so the overflowing sewage rapidly poured into and remained
in that cabin as the Vessel listed. As a result, Mr. and Mrs. Blaylock took their four
children to the outside of Deck 10 and made new sleeping quarters by pitching a
make-shift tent. As a proximate result of the incident described herein:
2. The Blaylocks’ 8-year old daughter, Ruby, ran a 102 degree fever for
two days. The weather was very cold on Wednesday night but they had to remain
outside. The smells of sewage, feces, and urine were strong and overwhelmed
Plaintiffs. Plaintiffs were injured, made sick, and have experienced discomfort.
Plaintiffs have incurred medical expenses in the past and in all reasonable probability
such medical expenses will continue in the future.
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3. Both Kelly Lee and Kelly Ann have experience dizziness and feelings
of falling from their horrific experience aboard the vessel. When the elevators
became non-functioning, they had to strap their 8-year old son, Rickey, into his
wheelchair and move him and his chair up and down the stairs until the wheelchair
broke. Plaintiffs have experienced mental anguish and emotional distress in the past
and in all reasonable probability such mental anguish and emotional distress will
continue in the future.
4. Because they could not timely return to their work, Plaintiffs have
suffered lost earnings in the past.
5. Plaintiffs have experienced benefit-of-the-bargain damages because
they lost the valuable vacation promised aboard the Vessel and instead received a
near disastrous experience.
6. Mr. Blaylock’s sister drove from Maybank, Texas to Mobile, Alabama
to pick them up on Thursday night in her vehicle and then Mr. Blaylock drove all
night to get back to their home in Gun Barrel City, Texas on Friday morning. On
Saturday, Mr. Blaylock’s brother-in-law drove him to Galveston to pick up his car,
but the parking lot was locked and closed. They had to stay overnight until the
parking lot re-opened on Sunday to retrieve Mr. Blaylock’s car and drive back home
to Gun Barrel City. The Blaylocks have experienced pecuniary and out-of-pocket
damages in the past related to, and including but not limited to, the cost of the cruise,
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transportation, additional food and lodging, and incidentals costs.
7. Plaintiffs have experienced lost time in the past for the additional time
aboard the Vessel after the fire, traveling home, and seeking medical care.
E. DAMAGES for LILLIAN BLAYLOCK, RUBY BLAYLOCK, RICKEY
BLAYLOCK, and LEEANN BLAYLOCK, Minors
1. The Blaylock children on this voyage were: 5-year old Lillian; 8-year
old Rickey, who has cerebral palsy and is dependent upon the use of a wheelchair;
Rickey’s twin sister, Ruby; and 17-year old LeeAnn. The toilet and shower in their
cabins overflowed with the ship’s urine and feces. Rickey and Ruby’s cabin quickly
overflowed with sewage (which looked like mud but smelled like feces) because
there was no lip around the bottom of their shower. The smells of sewage, feces, and
urine were strong and overwhelmed the children.
2. As a result of the horrific experience aboard the Vessel, 5-year old
Lillian has repeatedly talked about her ordeal aboard the Vessel. Ruby ran a fever
and after she arrived home, did not want to go to school, had a very hard time getting
sleep, and would wake up in the middle of the night. Rickey has appeared very
uncomfortable and looks down and is not verbal, which is unlike himself. Rickey’s
wheelchair was destroyed because it had to be moved up and down the stairs with
him strapped to it. LeeAnn has talked about her horrific ordeal aboard the Vessel
and has stated she will never go on a cruise again. After the Vessel lost power, the
Blaylock children experienced complete darkness and terrible smells in their cabins
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and had to be taken by their parents to the uncovered area of Deck 10 to sleep and
spend their days under a make-shift tent. Plaintiffs have experienced mental anguish
and emotional distress in the past and in all reasonable probability such mental
anguish and emotional distress will continue in the future.
3. Plaintiffs have experienced benefit-of-the-bargain damages because
they lost the valuable vacation promised aboard the Vessel and instead received a
near disastrous experience.
F. DAMAGES for SOPHIA PIERCE
1. This Carnival Cruise was to be a mother-daughter vacation for Sophia
Pierce and her two adult daughters, Whitney Holcomb and Stephanie Langford.
They were assigned to an inside cabin without any outside ventilation on Deck 2.
The toilet and shower in their cabin overflowed with the ship’s urine and feces, so
they moved themselves to the lounge chairs on Deck 9 under a make-shift tent to
spend their time and to sleep. As a proximate result of the incident described herein:
2. Sophia Pierce’s stomach was very upset. The smells of sewage, feces,
and urine were strong and overwhelmed Plaintiff. Plaintiff was injured, made sick,
and has experienced discomfort. Plaintiff has incurred medical expenses in the past
and in all reasonable probability such medical expenses will continue in the future.
3. Sophia Pierce’s emotional distress manifested in her upset stomach and
difficulty sleeping. Plaintiff has experienced mental anguish and emotional distress
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in the past and in all reasonable probability such mental anguish and emotional
distress will continue in the future.
4. Because she could not timely return to work, Plaintiff has suffered lost
earnings in the past.
5. Plaintiff has experienced benefit-of-the-bargain damages because she
lost the valuable vacation promised aboard the Vessel and instead received a near
disastrous experience.
6. Sophia Pierce had to ride a bus without her daughter Stephanie (who
had to take a different bus home to Houston) from Mobile, Alabama to Galveston,
Texas and then drove home to Tyler, Texas. Plaintiff has experienced pecuniary and
out-of-pocket damages in the past related to, and including but not limited to, the
cost of the cruise, transportation, additional food and lodging, and incidentals costs.
7. Plaintiff has experienced lost time in the past for the time aboard the
Vessel after the fire, traveling home, and seeking medical care.
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G. DAMAGES for WHITNEY HOLCOMB
1. This Carnival Cruise was to be a mother-daughter vacation for Whitney
Holcomb with her mother Sophia Pierce and sister Stephanie Langford. They were
assigned to an inside cabin without any outside ventilation on Deck 2. The toilet
and shower in their cabin overflowed with the ship’s urine and feces, so they moved
themselves to the lounge chairs on Deck 9 under a make-shift tent to spend their time
and sleep. As a proximate result of the incident described herein:
2. Whitney Holcomb’s stomach was very upset and her ulcerative colitis
was aggravated. The smells of sewage, feces, and urine were strong and
overwhelmed Plaintiff. Plaintiff was injured, made sick, and has experienced
discomfort. Plaintiff has incurred medical expenses in the past and in all reasonable
probability such medical expenses will continue in the future.
3. As a result of her horrific experience aboard the Vessel, Whitney lost
sleep, had nightmares, and suffered anxiety attacks. Plaintiff has experienced mental
anguish and emotional distress in the past and in all reasonable probability such
mental anguish and emotional distress will continue in the future.
4. Because she could not timely return to work, Plaintiff has suffered lost
earnings in the past.
5. Plaintiff has experienced benefit-of-the-bargain damages because she
lost the valuable vacation promised aboard the Vessel and instead received a near
disastrous experience.
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6. Whitney Holcomb had to ride a bus without her sister Stephanie (who
had to take a different bus home to Houston) from Mobile, Alabama to Galveston,
Texas, and then drove with her mother to Tyler, Texas, and then drove herself home
to Abilene, Texas. Plaintiff has experienced pecuniary and out-of-pocket damages
in the past related to, and including but not limited to, the cost of the cruise,
transportation, additional food and lodging, and incidentals costs.
7. Plaintiff has experienced lost time in the past for the additional time
aboard the Vessel after the fire, traveling home, and seeking medical care.
H. DAMAGES for STEPHANIE LANGFORD
1. This Carnival Cruise was to be a celebration of Stephanie Langford’s
birthday and to be a mother-daughter vacation with her mother, Sophia Pierce , and
sister, Whitney Holcomb. They were assigned to an inside cabin without any outside
ventilation on Deck 2. The toilet and shower in their cabin overflowed with the
ship’s urine and feces, so they moved themselves to the lounge chairs on Deck 9
under a make-shift tent to spend their time and sleep. As a proximate result of the
incident described herein:
2. Stephanie Langford has suffered piercing pain in her head, neck, and
back and acquired a viral infection. Plaintiff was injured, made sick, and has
experienced discomfort. Plaintiff has incurred medical expenses in the past and in
all reasonable probability such medical expenses will continue in the future.
3. As a result of her horrific experience on the Vessel, Stephanie felt dizzy,
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felt pain in her head and back, had problems sleeping, and had headaches. Plaintiff
has experienced mental anguish and emotional distress in the past and in all
reasonable probability such mental anguish and emotional distress will continue in
the future.
4. Because she could not timely return to work, Plaintiff has suffered lost
earnings in the past.
5. Plaintiff has experienced benefit-of-the-bargain damages because she
lost the valuable vacation promised aboard the Vessel and instead received a near
disastrous experience.
6. Stephanie Langford had to ride a bus without her mother and sister (who
had to take a different bus to Galveston to pick up their mother’s car) from Mobile,
Alabama back home to Houston, Texas. Plaintiff has experienced pecuniary and out-
of-pocket damages in the past related to, and including but not limited to, the cost of
the cruise, transportation, additional food and lodging, and incidentals costs.
7. Plaintiff has experienced lost time in the past for the time aboard the
Vessel after the fire, traveling home, and seeking medical care.
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I. DAMAGES for NANCY MONTEY
1. This Carnival Cruise was to be a vacation for Nancy Montey and her
boyfriend Robert Travis Hicks. They were assigned to an inside cabin without any
outside ventilation on Deck 2. The toilet and shower in their cabin overflowed with
the ship’s urine and feces, so they moved their mattress to Deck 3 and slept under
some life boats. On Wednesday morning when it rained and turned cold, they took
their mattress inside to the dining room on the same deck. As a proximate result of
the incident described herein:
2. Nancy Montey’s prior injury (that required surgery) in her right heel
and arthritis in her ankle were aggravated from having to walk up and down many
flights of stairs from the second and third decks to the ninth deck for food after the
Vessel lost power. Plaintiff has experienced physical pain and suffering in the past
and in all reasonable probability such physical pain and suffering will continue in the
future.
3. Because she could not timely return to work, Plaintiff has suffered lost
earnings in the past.
4. Plaintiff has experienced benefit-of-the-bargain damages because she
lost the valuable vacation promised aboard the Vessel and instead received a near
disastrous experience.
5. Nancy Montey had to ride a bus from Mobile, Alabama to Galveston,
Texas. Plaintiff has experienced pecuniary and out-of-pocket damages in the past
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related to, and including but not limited to, the cost of the cruise, transportation,
additional food and lodging, and incidentals costs.
6. Plaintiff has experienced lost time in the past for the additional time
aboard the Vessel after the fire, traveling home, and seeking medical care.
J. DAMAGES for ROBERT TRAVIS HICKS
1. This Carnival Cruise was to be a vacation for Robert Travis Hicks and
his girlfriend Nancy Montey. They were assigned to an inside cabin without any
outside ventilation on Deck 2. The toilet and shower in their cabin overflowed with
the ship’s urine and feces, so they moved their mattress to Deck 3 and slept under
some life boats. On Wednesday morning when it rained and turned cold, they took
their mattress inside to the dining room on the same deck. As a proximate result of
the incident described herein:
2. Travis had a fever and persisting sore throat. Plaintiff was injured,
made sick, and has experienced discomfort. Plaintiff has incurred medical expenses
in the past and in all reasonable probability such medical expenses will continue in
the future.
3. Travis’s emotional distress manifested into his stomach churning, sore
throat, fever, and body ache. Plaintiff has experienced mental anguish and emotional
distress in the past and in all reasonable probability such mental anguish and
emotional distress will continue in the future.
4. Plaintiff has experienced benefit-of-the-bargain damages because he lost
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the valuable vacation promised aboard the Vessel and instead received a near
disastrous experience.
5. Travis Hicks had to ride a bus from Mobile, Alabama to Galveston,
Texas. Plaintiff has experienced pecuniary and out-of-pocket damages in the past
related to, and including but not limited to, the cost of the cruise, transportation,
additional food and lodging, and incidentals costs.
6. Plaintiff has experienced lost time in the past for the additional time
aboard the Vessel after the fire, traveling home, and seeking medical care.
X.
EXEMPLARY DAMAGES
Plaintiffs’ injuries resulted from Defendant’s gross negligence, malice, or
actual fraud, which entitles Plaintiffs to exemplary damages.
XI.
CLAIM FOR PRE-JUDGMENT AND POST-JUDGMENT INTEREST
Plaintiffs claim interest in accordance with applicable law.
XII.
JURY DEMAND
Plaintiffs respectfully request a jury trial.
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XIII.
PRESERVATION
The Defendant is hereby given notice that any document or other material,
including electronically stored information, that may be evidence or relevant to any
issue in this case is to be preserved in its present form until this litigation is
concluded.
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendant
be cited to appear and answer herein, and that upon final trial, Plaintiffs recover
all their damages as specified above from Defendant, plus costs of Court, pre-
judgment and post-judgment interest at the legal rate, and have such other and
further relief, general and special, at law and in equity, to which Plaintiffs may be
justly entitled under the facts and circumstances.
Respectfully submitted,
TURLEY LAW FIRM
/s/ Windle Turley
Windle Turley
State Bar No. 20304000
T Nguyen
State Bar No. 24051116
6440 North Central Expressway
1000 Turley Law Center
Dallas, Texas 75206
Telephone No. 214/691-4025
Telecopier No. 214/361-5802
ATTORNEYS FOR PLAINTIFFS
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