888 So. 2d 654

Lawrence W. HALL, Appellant, v. ROYAL CARIBBEAN CRUISES, LTD., Appellee.

No. 3D03-2132.

District Court of Appeal of Florida, Third District.

July 21, 2004.

Rehearing and Rehearing En Banc Denied Dec. 13, 2004.

Romano, Eriksen, Cronin & Mullins and Michael D. Eriksen (West Palm Beach), for appellant.

McIntosh, Sawran, Peltz, Cartaya & Pe-truceelli and Louise H. McMurray and Robert Peltz, Miami, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and WELLS, JJ.

SCHWARTZ, Chief Judge.

This is an appeal from an order dismissing an amended complaint which alleged that the plaintiff, a paying passenger on the defendant’s cruise ship, was injured on the high seas when, after having been served alcohol by the vessel’s employees to and obviously past the point of intoxication, he staggered from a lounge, and while unable to look after himself fell down two flights of open stairways.

The order under review is erroneous and must be reversed because the complaint clearly stated a cause of action for breach of the defendant’s duty to exercise reasonable care for the safety of its passengers, as is established by the general maritime law1 applicable here, see Kermarec v. Compagnie Generale Transatlan-*655tique, 358 U.S. 625, 79 S.Ct. 406, 3 L.Ed.2d 550 (1959); The Moses Taylor, 4 Wall. 411, 71 U.S. 411, 18 L.Ed. 397 (1866); Carlisle v. Ulysses Line Ltd., 475 So.2d 248 (Fla. 3d DCA 1985), in both (a) overserving the plaintiff, Kludt v. Majestic Star Casino, LLC, 200 F.Supp.2d 973 (N.D.Ind.2001); Bay Casino, LLC. v. M/V Royal Empress, 199 F.R.D. 464 (E.D.N.Y.1999); Quinn v. St. Charles Gaming Co., 815 So.2d 963 (La.App.2002), writ denied, 813 So.2d 412 (2002); Guinn v. Commodore Cruise Line Ltd., 1997 WL 164290 (S.D.N.Y.1997), and (b) failing to protect him from his (albeit self-imposed) disability. The City of Panama, 101 U.S. 453, 25 L.Ed. 1061 (1879); Chan v. Society Expeditions, Inc., 123 F.3d 1287 (9th Cir.1997), cert. dismissed, 522 U.S. 1100, 118 S.Ct. 906, 139 L.Ed.2d 921 (1998); Holmes v. Oregon & California Ry. Co., 5 F. 523 (D.Or.1881).2 This holding necessarily results also in a reversal of the separate (but substantively redundant) count which alleges a breach of the applicable contract of carriage between the passenger and the carrier. Carlisle v. Carnival Corp., 864 So.2d 1 (Fla. 3d DCA 2003).

Reversed.

Hall v. Royal Caribbean Cruises, Ltd.
888 So. 2d 654

Case Details

Name
Hall v. Royal Caribbean Cruises, Ltd.
Decision Date
Jul 21, 2004
Citations

888 So. 2d 654

Jurisdiction
Florida

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