11th Cir. Reverses Summary Judge for Cruise Line
Horne v. Carnival Corp., 2018 U.S. App. LEXIS 17911, (WestLaw Cite not currently available), (11th Cir. June 29, 2018)
In a per curiam opinion, the 11th Circuit reversed and remanded for trial a suit brought by a passenger who lost a finger when a door on the cruise vessel closed suddenly in high winds. The trial court granted summary judgment on the plaintiff’s suit which asserted that the cruise line failed to warn of the dangerous condition, that the condition was open and obvious and that that cruise line did not fail to maintain the door.
The 11th Circuit panel reversed in part. First, it held that there was evidence that in the past the cruise line “posted signs on the deck door in the event of strong winds.” (2018 U.S. App. LEXIS 17911 at *4) This creates an issue of material fact whether the defendant had actual or constructive notice of a dangerous condition.
Next, the panel also reversed the trial court’s summary judgment for the cruise line on the basis that the alleged hazard was open and obvious. Again, the statements of the claimant created an issue of material fact for the jury.
Finally, the appellate court affirmed summary judgment for the cruise line on the allegation that the defendant failed to maintain the door.
