Carnival Cruise Line Lawsuit Filed in Dallas

Case 3:13-cv-01090-B Document 1 Filed 03/14/13
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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.
Civil Action No.: _________ 3:13-cv-1090
PLAINTIFFS ORIGINAL COMPLAINT Plaintiffs, STARLEEN CLINE and PAUL CLINE; SETH TANNER and MICHELLE TANNER, Individually and as Next Friends of BRANDON
PLAINTIFFS ORIGINAL COMPLAINT - Page 1 of 29
Carnival - Original Complaint thn030213.wpd
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, 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 Defendants false assertion that they would have a safe, comfortable, and fun cruise experience aboard Defendants Vessel.
B.

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. 2. Plaintiffs re-allege all prior paragraphs as though fully set forth herein. 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, Defendants 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. Defendants 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; 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; Failure to properly and adequately inspect the Vessel for hazards prior to leaving port and prior to the engine room fire; Failure to adequately maintain the engines and machinery of the Vessel once a fire broke out; Failure to implement adequate emergency policies and/or procedures to protect the health and welfare of passengers during a failure of the ships systems; Failure to implement adequate policies and/or procedures to prevent the failure of shipboard systems necessary to ensure the reasonable safety of its passengers; Failing to adequately maintain and implement proper procedures to power up the Vessel after a fire did occur; 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; Failing to implement, follow, and enforce applicable safety and sanitation regulations aboard the Vessel; 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; Failure to adequately staff, supervise, and train staff to properly monitor and take adequate measures to abate the danger of fire; Failure to implement safety policies and procedures to abate the foreseeable risk of injury and avoid increasing the danger to
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.

Plaintiffs created by Defendants deliberate decisions in operation of the Vessel; M. N. Failure to properly hire competent management of the Vessel; Failure to properly supervise competent management of the Vessel; Failure to provide sanitary accommodations and sanitation aboard the Vessel after the engine room fire, creating a significant risk to Plaintiffs health and safety; Failure to provide adequate ventilation, exposing Plaintiffs to noxious odors and gases; Failure to provide adequate food and drinking water to Plaintiffs; Failure to remedy hazardous conditions on the Vessel; Violation of the International Safety Management Code to prevent human injury; Failure to reasonably maintain the seaworthiness of the Vessel; and Failure to otherwise maintain the Vessel in a safe and reasonable manner.
O.
P.
Q. R. S.
T.
U.
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 Defendants officers, employees, or agents. Plaintiffs would show that Defendants 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 Defendants conduct and omissions
together constituted gross negligence. Defendant either (a) created the abovedescribed 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. 2. Plaintiffs re-allege all prior paragraphs as though fully set forth herein. 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.
Defendants breach of contract proximately caused Plaintiffs injuries. VI.
CAUSE OF ACTION 3: NEGLIGENT MISREPRESENTATION 1. 2. Plaintiffs re-allege all prior paragraphs as though fully set forth herein. 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 Defendants 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. Defendants misrepresentations proximately caused Plaintiffs injuries. VII. CAUSE OF ACTION 4: FRAUD BY NONDISCLOSURE 1. 2. Plaintiffs re-allege all prior paragraphs as though fully set forth herein. 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 Vessels 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 Defendants nondisclosures and were injured as a
result of acting without knowledge of the undisclosed facts. VIII. CAUSE OF ACTION 5: FRAUD 1. 2. Plaintiffs re-allege all prior paragraphs as though fully set forth herein. 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. 4. Plaintiffs relied on Defendants representation to their detriment. Defendants 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. Clines 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 ships 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 Individually 1. for MICHELLE TANNER and SETH TANNER,
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 ships 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
horrific experience. 6. The Tanners had to ride a bus from Mobile, Alabama to New Orleans,
Louisiana. Mr. Tanners 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 ships 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 ships 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. 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. Blaylocks 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. Blaylocks 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. Blaylocks 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,

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; Rickeys twin sister, Ruby; and 17-year old LeeAnn. The toilet and shower in their cabins overflowed with the ships urine and feces. Rickey and Rubys 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. Rickeys 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. 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 ships 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 Pierces 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 Pierces 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
Vessel after the fire, traveling home, and seeking medical care.

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 ships 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 Holcombs stomach was very upset and her ulcerative colitis The smells of sewage, feces, and urine were strong and
was aggravated.
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
lost the valuable vacation promised aboard the Vessel and instead received a near disastrous experience.
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 Langfords
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 ships 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. 4. Because she could not timely return to work, Plaintiff has suffered lost
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 mothers car) from Mobile, Alabama back home to Houston, Texas. Plaintiff has experienced pecuniary and outof-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.

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 ships 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 Monteys 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
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
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 ships 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. Traviss 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 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 Defendants 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, prejudgment 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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Carnival Cruise Line Lawsuit Filed in Dallas

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Case 3:13-cv-01090-B Document 1 Filed 03/14/13

Civil Action No.: _________ 3:13-cv-1090

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Because of the noxious odors in their rooms, Plaintiffs slept on

Vessel during the weeks leading up to the voyage in question.

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Defendant, are as follows:

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One or more of the above acts of negligence was a direct and

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Defendants breach of contract proximately caused Plaintiffs injuries. VI.

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suffered lost earnings. 6. Plaintiffs have experienced benefit-of-the-bargain damages because

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