Rinker v. Carnival Corp.

836 F. Supp. 2d 1309, 2011 WL 6754071, 2011 U.S. Dist. LEXIS 147520
CourtDistrict Court, S.D. Florida
DecidedDecember 22, 2011
DocketCase No. 09-23154-civ
StatusPublished
Cited by3 cases

This text of 836 F. Supp. 2d 1309 (Rinker 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
Rinker v. Carnival Corp., 836 F. Supp. 2d 1309, 2011 WL 6754071, 2011 U.S. Dist. LEXIS 147520 (S.D. Fla. 2011).

Opinion

ORDER GRANTING IN PART AND DENYING IN PART CARNIVAL’S MOTION FOR SUMMARY JUDGMENT

PATRICIA A. SEITZ, District Judge.

THIS MATTER is before the Court on Defendant Carnival Corporation’s Motion for Summary Judgment [DE-207]. This action arises from injuries sustained by Plaintiff, Sandra Rinker, after she developed meningitis aboard Defendant Carnival Corp.’s ship and was provided with medical care by the ship-board doctor and nurses. Plaintiffs six count Second Amended Complaint alleges three claims against Defendant Carnival Corp. (Carni[1311]*1311val): (1) negligence; (2)1 apparent agency for the acts of Susan Law, the ship’s nurse; and (3) apparent agency for the acts of Defendant Ramambhai Patel, the ship’s doctor. Because there is no evidence that Plaintiff detrimentally relied on any representations made by Carnival, the motion for summary judgment is granted as to both apparent agency claims. The motion is also granted as to all of Plaintiffs negligence claims except for Plaintiffs negligence claim based on Carnival’s failure to timely evacuate Plaintiff from the ship.

I. Material Facts2

Plaintiff and her husband were passengers aboard Carnival’s ship Spirit, in November 2008, when she became ill on the last night of the cruise. Plaintiff sought treatment in the ship’s infirmary. Ultimately, Plaintiff was taken from the ship by ambulance to a hospital where she was diagnosed with meningitis, bacteremia, and osteomyelitis. As a result of her illness, Plaintiff was left profoundly deaf and underwent cochlear implants in both ears. Plaintiff was also left with neurological problems which make her unable to stand or walk without assistance. Consequently, Plaintiff has sued Carnival for negligence and for the negligence of the ship’s nurse and ship’s doctor under a theory of apparent agency.

Plaintiff’s Illness and Treatment While Aboard the Spirit

Between 2 and 2:30 a.m. on the last night of the cruise, Plaintiff awoke with a terrible headache. (J. Rinker Dep.3 21:15— 22:1.) Shortly after, Plaintiffs husband called the Purser’s office and requested that the doctor come to the cabin to look at Plaintiff. {Id. at 24:8-13.) The Purser’s office connected Plaintiffs husband to the infirmary and the infirmary instructed Plaintiff and her husband to come to the infirmary. {Id. at 24:14-25.) However, the nurse at the infirmary first instructed Plaintiff to take some Tylenol, which Plaintiffs husband obtained from the Purser’s office. {Id. at 25:24-26:19.) When the Tylenol did not help, Plaintiffs husband called the infirmary again, around 3:15 a.m., and asked for the doctor to come to the Rinkers’ cabin. {Id. at 27:5-15.) The nurse informed Plaintiffs husband that the doctor would not come to the cabin for this sort of thing and that Plaintiff should come to the infirmary. {Id. at 27:16-20.) Plaintiff and her husband went to the infirmary and arrived around 3:30 a.m. {Id. at 27:21-28:1.) On the way to the infirmary, Plaintiff became dizzy and lost her balance and, in the infirmary, Plaintiff appeared confused when the nurse tried to speak with her. {Id. at 28:9-16; 31:1-7.) At the infirmary, the nurse gave Plaintiff an injection for pain. Neither Plaintiff nor her husband objected to the injection. {Id. at 31:25.) After receiving the injection, Plaintiff vomited. {Id. at 65:64:24-65:2.)

At approximately 5:00 a.m., Plaintiff and her husband left the infirmary to return to their cabin. {Id. at 38:8-12.) When Plaintiff left the infirmary, the nurse told Plaintiff that she did not need to see a doctor and that if her conditioned worsened, she [1312]*1312could go to one of the local hospitals after the ship was in port.4 (Id. at 39:1-6.) Plaintiff was not instructed to return to the infirmary. (Id. at 63:5-12.) In order to get Plaintiff back to their cabin, Plaintiffs husband borrowed a wheel chair from the infirmary. (Id. at 40:3-7.) After Plaintiff returned to the cabin, she began vomiting. (Id. at 42:10-18.) Plaintiffs pain also intensified, she was disoriented, and she was acting confused. (Id. at 42:10-11.)

At approximately 8:00 a.m., Plaintiffs husband called the Purser’s office and told them that Plaintiff was in severe pain, she had been vomiting, she was disoriented, and she needed paramedics and an ambulance to take her to a hospital. (Id. at 42:24-437.) The Purser’s office told Plaintiffs husband that a request for an ambulance would have to be made through the infirmary. (Id. at 43:12-16.) Plaintiffs husband then contacted the infirmary to request an ambulance and to request that the doctor come to the cabin to treat Plaintiff. (Id. at 43:18-25; 44:19-2.) Plaintiffs husband was informed that the doctor would not come to the cabin and that Plaintiff would have to come back to the infirmary. (Id. at 45:3-5.) Plaintiffs husband informed the infirmary that he would need help getting Plaintiff back there. (Id. at 45:12-14.) The infirmary directed Plaintiffs husband to the Purser’s office for help. (Id. at 45:15-17.) Plaintiffs husband then called the Purser’s office and requested help getting her to the infirmary. (Id. at 46:9-16.) After two more phone calls to the Purser’s officer and approximately an hour after Plaintiffs husband first called for an ambulance, he was finally able to obtain a wheel chair and help getting Plaintiff in the wheel chair and down to the infirmary. (Id. at 46:18-49:25.)

Upon arrival at the infirmary, Plaintiffs husband explained that he was the one who had requested the paramedics and ambulance. (Id. at 51:6-9.) In the infirmary, Plaintiff and her husband saw the doctor who began asking questions about Plaintiffs condition. (Id. at 54:3-14.) At some point, Plaintiff was given another injection. (Id. at 56:19-23.) While Plaintiff was in the infirmary, she began having a difficult time hearing. (Id. at 58:21-23; 59:6-22.) Around 11:30 a.m., more than two hours after Plaintiff and her husband had returned to the infirmary, paramedics arrived in the infirmary to get Plaintiff. (Id. at 56:1-4.) When the paramedics arrived, Plaintiff was not responsive to their questions. (Id. at 68:13-17.) Plaintiff was transported to a hospital where she was diagnosed with meningitis, bacteremia, and osteomyelitis. As a result of her illness, Plaintiff was rendered profoundly deaf and suffers from severe neurological problems that make her unable to walk or stand without assistance. (J. Rinker Aff. at ¶ 4.) While Plaintiff was not evacuated from the ship until hours after it arrived in port, two other passengers were evacuated from the ship for medical reasons at approximately 7:15 a.m. (Plaintiffs Ex. 9.)

Carnival’s Representations to Plaintiff and Her Husband

Prior to boarding Plaintiff received the terms and conditions of her Ticket Contract. (Romero Aff.5 at ¶ 6.) While Plaintiff disputes that she was provided with the terms and conditions, someone, on behalf of Plaintiff, completed her booking [1313]*1313online and acknowledged Plaintiffs acceptance of the terms and conditions. (Romero Aff. at ¶ 7.) The terms and conditions of the Ticket Contract contain the following language:

TICKET CONTRACT

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Related

Gharfeh v. Carnival Corp.
309 F. Supp. 3d 1317 (S.D. Florida, 2018)
Mumford v. Carnival Corp.
7 F. Supp. 3d 1243 (S.D. Florida, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
836 F. Supp. 2d 1309, 2011 WL 6754071, 2011 U.S. Dist. LEXIS 147520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rinker-v-carnival-corp-flsd-2011.