Morhardt v. Carnival Corp.

304 F. Supp. 3d 1290
CourtDistrict Court, S.D. Florida
DecidedDecember 3, 2017
DocketCase No. 16–24580–CIV–GRAHAM/SIMONTON
StatusPublished
Cited by6 cases

This text of 304 F. Supp. 3d 1290 (Morhardt v. Carnival Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morhardt v. Carnival Corp., 304 F. Supp. 3d 1290 (S.D. Fla. 2017).

Opinion

DONALD L. GRAHAM, UNITED STATES DISTRICT JUDGE

THIS CAUSE comes before the Court upon Defendant's Motion for Summary Judgment [D.E. 36].

THE COURT has considered the pleadings, pertinent portions of the record, the oral arguments presented during the November 16, 2017 hearing, and is otherwise fully advised in the premises. For the reasons stated herein, Defendant's Motion is GRANTED.

I. FACTUAL & PROCEDURAL BACKGROUND

The facts of this case, as supported by the evidence taken in the light most favorable to Plaintiff Frederick Morhardt, are as follows:

On November 3, 2015, Morhardt and his significant other, Theresa Leibig, were passengers aboard Carnival's cruise ship, the Dream. [D.E. 36-1 at 34, 40]. Upon exiting the shower, Morhardt attempted to use the hair dryer in his stateroom for the first time. [D.E. 36-1 at 40, 41]. Immediately after turning on the hair dryer, which he held in his right hand, Morhardt was electrocuted. [D.E. 36-1 at 40-41]. The electric shock radiated through his "whole body" causing him to jerk backwards. [D.E. 36-1 at 40-43; D.E. 50 at 2]. Because the hair dryer was hard wired into the ship with a short cord, this jerking motion caused the hair dryer to be pulled out of his hand. [D.E. 36-1 at 40-41, 43]. Morhardt's hand was burned and blackened.

*1293[D.E. 36-1 at 42; D.E. 50 at 2]. The incident lasted approximately two seconds. [D.E. 36-1 at 43]. Within a few minutes, Morhardt went to the ship's infirmary to be examined. [D.E. 50 at 15].

On November 2, 2016, Morhardt filed the subject Complaint alleging a single-count of negligence against Carnival. [D.E. 1]. Discovery commenced on January 12, 2017 [D.E. 12]. Morhardt, however, failed to comply with both the initial expert and rebuttal expert disclosure deadlines set forth in this Court's Scheduling Order [see D.E. 12]. His motions to extend those deadlines were denied for untimeliness and lack of good cause, respectively [D.E. 26, 35]. Morhardt's subsequent request to extend the discovery period and to belatedly disclose his treating physicians as experts was also denied for lack of good cause and untimeliness [D.E. 54]. As a result, Morhardt currently has no experts in this action.

On November 16, 2017, the Court held a hearing on the Motion for Summary Judgment. During the hearing, Morhardt's counsel stated that the only record evidence available for the Court to consider in deciding the subject Motion is as follows: (1) the deposition of Plaintiff Frederick Morhardt [D.E. 36-1]; (2) the deposition of Carnival's 30(b)(6) representative, Monica Petisco [D.E. 36-3]; (3) Plaintiff Frederick Morhardt's Responses to Defendant's Initial Interrogatories [D.E. 36-2]; and (4) Defendant's Answers to Plaintiff's Initial Interrogatories [D.E. 41-3].1 Morhardt's counsel also confirmed that Morhardt is claiming only the following injuries: (1) back pain; (2) lower back pain with radiating pain into Morhardt's legs; (3) loss of grip strength and weakness in Morhardt's right (master) hand; (4) vision problems; and (5) a scar on Morhardt's left leg.

II. LEGAL STANDARD

Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). The moving party bears the initial burden of stating the basis for its motion and identifying those portions of the record demonstrating the absence of genuine issues of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). That burden is discharged if the moving party shows the Court that there is "an absence of evidence to support the nonmoving party's case." Id. at 325, 106 S.Ct. 2548.

The "plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Id. at 322, 106 S.Ct. 2548. Under those circumstances there can be "no genuine issue as to any material fact," because a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial. Id. at 323, 106 S.Ct. 2548. As such, the moving party is "entitled to a judgment as a matter of law" since the nonmoving party has failed to make a sufficient showing on an essential element of his case with respect to which he has the burden of proof. Id.

*1294Claims arising from alleged tort actions aboard a ship sailing in navigable waters are governed by federal maritime law. Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318, 1321 (11th Cir. 1989). Under maritime law, a shipowner owes passengers a duty of ordinary reasonable care under the circumstances. Id. at 1322 ; Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625

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Related

Mann v. Carnival Corp.
385 F. Supp. 3d 1278 (S.D. Florida, 2019)

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304 F. Supp. 3d 1290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morhardt-v-carnival-corp-flsd-2017.