Carnival Cruise Lines, Inc. v. Goodin

535 So. 2d 98, 1988 Ala. LEXIS 627, 1988 WL 103054
CourtSupreme Court of Alabama
DecidedNovember 4, 1988
Docket87-681
StatusPublished
Cited by36 cases

This text of 535 So. 2d 98 (Carnival Cruise Lines, Inc. v. Goodin) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carnival Cruise Lines, Inc. v. Goodin, 535 So. 2d 98, 1988 Ala. LEXIS 627, 1988 WL 103054 (Ala. 1988).

Opinion

535 So.2d 98 (1988)

CARNIVAL CRUISE LINES, INC.
v.
Donnie GOODIN.

87-681.

Supreme Court of Alabama.

September 2, 1988.
On Return Following Remand November 4, 1988.

*100 Susan Salonimer Wagner and Patricia Clotfelter of Berkowitz, Lefkovits, Isom & Kushner, Birmingham, for appellant.

Davidson L. Laning of Davis, Knopf, Laning & Goldberg, Birmingham, for appellee.

TORBERT, Chief Justice.

This is an appeal from a judgment based on a jury verdict against Carnival Cruise Lines, Inc. ("Carnival"), in favor of Donnie Goodin.

Donnie Goodin has been afflicted with cerebral palsy since birth. He has been confined to a wheelchair all his life; he has difficulty speaking clearly and in making movements that are routine to those not physically challenged. Since 1984, Mary Slaughter, an attendant provided to Goodin by a state agency, has assisted him on a daily basis.

During the summer of 1985, Goodin and Slaughter made arrangements through a travel agent for a four-day Caribbean cruise with Carnival Cruise Lines, Inc. Goodin made it clear that it was absolutely necessary that the toilet and shower facilities on the cruise ship be accessible to him by wheelchair. The travel agent subsequently assured him that bathrooms would be accessible. Goodin then paid $1308 to the agent to cover the costs of the cruise and round-trip airfare to Miami, the ship's departure point, for himself and Mary Slaughter.

At about the time payment was tendered, Goodin signed an acknowledgment sheet for handicapped passengers, which included special instructions and the caveat that certain cabins and public restrooms would not accommodate a wheelchair. This was due to a raised, four-inch "lip," or step-over, in each entry doorway. Goodin signed another document when he and Slaughter arrived in Miami to begin the cruise. This latter document purported to release Carnival from all responsibility associated with Goodin's physical condition as it affected his use of any facilities aboard ship. This form likewise stated that certain bathrooms were inaccessible by wheelchair.

After the cruise ship, the Carnivale, left port, Goodin and Slaughter discovered that no bathrooms on the ship were accessible by wheelchair. Consequently, Goodin was unable to maneuver his wheelchair to the toilet or into the shower and was unable to use either facility. He was able, however, *101 to use a portable urinal he had brought aboard.

Upon their return home, Goodin and Slaughter wrote Carnival, demanding "financial restitution" for the problems caused Goodin by the inaccessibility of the Carnival's bathrooms. Carnival denied any responsibility for Goodin's inconvenience. Goodin then sued Carnival and the travel agent. The jury found in favor of the travel agent, but awarded Goodin $110,000 against Carnival on his theory of fraud. Carnival timely moved for judgment notwithstanding the verdict or, in the alternative, a new trial. The motion was denied and Carnival appealed.

At the outset, we note that in order to prevail on a fraud claim, regardless of whether the representations were made mistakenly, willfully, or recklessly, a plaintiff must introduce proof of a false representation concerning a material existing fact which, when relied upon by the plaintiff, proximately caused him damage. Hammond v. City of Gadsden, 493 So.2d 1374, 1377 (Ala.1986); Code of 1975, § 6-5-101. If the evidence establishes an intent to defraud or deceive, the law permits the imposition of punitive damages. American Honda Motor Co. v. Boyd, 475 So.2d 835, 839 (Ala.1985).

In this case, the fraud issue centers solely on the documents sent from Carnival to Goodin stating, essentially, that certain bathrooms were inaccessible by wheelchair. Testimony introduced by Goodin showed that, in fact, no bathrooms aboard the Carnivale were wheelchair-accessible. Carnival argues, however, that its brochure stated only that the Carnivale was one of the cruise line's ships and that certain bathrooms were inaccessible. Because one of Carnival's four cruise ships, the Tropicale, had a few wheelchair-accessible bathrooms, Carnival argues that the representation in the brochure is true. Carnival's contention that its representation that certain bathrooms were inaccessible was true because all bathrooms on three ships and most on the fourth were inaccessible is without merit. Had the representation been that bathrooms on certain ships were not accessible by wheelchair, the result here might be different. We are of the opinion that the jury could have concluded from the evidence that Carnival intentionally made false representations of material fact to Goodin.

Carnival first argues that the document executed by Goodin in Miami effectively released it from all liability. In pertinent part, that document provides:

"I hereby release Carnival Cruise Lines from any and all responsilbility [sic] associated with my physical condition as it relates to my use of any and all facilities aboard their ship.

"I understand that it is required by the line that I am equipped with a portable (collapsible) wheelchair, that certain bathrooms do not accommodate a wheelchair, and that my companion, Mary Slaughter, will assist me as necessary in embarking and debarking the ship and in any other capacity, for the duration of the cruise, and in case of an emergency."

(Emphasis added.) Carnival also perceives that the trial court erred in submitting to the jury the issue of whether the release was effective rather than making that determination as a matter of law.

An unambiguous release, supported by valuable consideration, will be given effect according to the intention of the parties as adjudged by the court from what appears on the face of the document; parol evidence is inadmissible to impeach it. Baker v. Ball, 473 So.2d 1031, 1035 (Ala. 1985); Finley v. Liberty Mut. Ins. Co., 456 So.2d 1065, 1067 (Ala.1984). However, a contract otherwise clear on its face may be ambiguous if collateral matters render its meaning uncertain. Williams v. Nolin, 484 So.2d 428 (Ala.1986); Mass Appraisal Services, Inc. v. Carmichael, 404 So.2d 666 (Ala.1981). In Carmichael, we recounted:

"It is said that `a latent ambiguity arises when the writing on its face appears clear and unambiguous, but there is some collateral matter which makes the meaning uncertain', 32 C.J.S., Evidence, § 961b, p. 915; `that is, an uncertainty which does not appear on the face of the instrument, but which is shown to exist *102 for the first time by matter outside the writing', 20 Am.Jur., Evidence, § 1157, p. 1010. And it is well-established that parol or other extrinsic evidence is admissible to explain or clarify a latent ambiguity."

Carmichael, 404 So.2d at 672. In the instant case, we find that the release was ambiguous in its provision that certain bathrooms would not accommodate a wheelchair. Uncontradicted testimony adduced by Goodin revealed that, in fact, no bathrooms aboard the Carnivale were accessible by wheelchair. Once an ambiguity in a release arises, the determination of its true meaning rests with the finder of fact. We perceive no error in the trial court's submission of this issue to the jury, nor in its refusal to construe "certain bathrooms" as meaning all bathrooms.

Carnival next challenges the trial court's admission into evidence of correspondence between the parties, taking the position that such correspondence amounts to an offer of compromise.

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Bluebook (online)
535 So. 2d 98, 1988 Ala. LEXIS 627, 1988 WL 103054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carnival-cruise-lines-inc-v-goodin-ala-1988.