“Shotgun Pleading” Complaint Struck in Maritime Tort Action

Guerra v. MSC Cruises, S.A., No. 23-23366-CIV, 2024 WL 402636 (S.D. Fla. Feb. 2, 2024).

            Plaintiff Martin Guerra filed three counts against MSC Cruises for injuries sustained after slipping and falling aboard a ship operated by MSC: negligent failure to warn, negligent maintenance, and general negligence.[1]  In this maritime tort action, the district court found that Guerra alleged multiple ways that MSC breached its duty of care to Guerra.[2]  However, Guerra’s Complaint was replete with procedural error, as the district court found that it constituted a “shotgun pleading,” insofar as it failed to separate into a different count each cause of action.[3]  As Guerra attempted to fit multiple distinct theories of liability in his claims, the court struck the complaint, noting that Guerra may file an amended complaint by February 15, 2024 (provided that the amended complaint complies with FRCP8(a) and 10(b)).[4]  Lastly, the court cautioned Guerra that failure to comply with this order may result in dismissal with prejudice or other appropriate sanctions.[5]

[1] Guerra, 2024 WL 402636 at *1.

[2] Id.

[3] Id.

[4] Id. at *2.

[5] Id.