carnival cruise line lawsuit filed in dallas

PLAINTIFFS’ ORIGINAL COMPLAINT - 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

Case 3:13-cv-01090-B Document 1 Filed 03/14/13 Page 1 of 29 PageID 1

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3:13-cv-1090

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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




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




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




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.


http://www.carnival.com,



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.




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.




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:




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




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,




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


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.




4. Defendant’s breach of contract proximately caused Plaintiffs’ injuries.

VI.

CAUSE OF ACTION 3: NEGLIGENT MISREPRESENTATION


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


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




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


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




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




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




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.


suffered lost earnings in the past.






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.




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.




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.


suffered lost earnings in the past.




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,





7. Plaintiffs have experienced lost time in the past for the additional time


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




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.




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




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





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.









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,


7. Plaintiff has experienced lost time in the past for the additional time


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,




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.






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





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.






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




related to, and including but not limited to, the cost of the cruise, transportation,




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




the valuable vacation promised aboard the Vessel and instead received a near


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,




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.




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


carnival cruise line lawsuit filed in dallas

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