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10/4/2011
Brian Beckcom
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Cruise passenger awarded $2.9 million after falling on pool deck

A court awarded a woman $2.9 million in damages for injuries after falling on a slippery pool deck  aboard the cruise ship Carnival Pride.

The accident occurred on Aug. 22, 2009 while she tried to move some pool chairs on a Caribbean cruise.

Denise Kaba has already undergone six surgeries after a severe fracture to her right patella (knee cap). At least one more surgery is planned. So far her medical bills have cost more than $120,000.

After being examined on the ship, she was told that no immediate treatment was needed.  In an examination ashore, however, the knee fracture was diagnosed and she had six surgeries within the following six months.

Kaba filed suit for premises liability, alleging that the pool deck's resin surface made it unsafe when wet causing numerous similar injuries aboard the Pride and other Carnival ships.

Carnival admitted liability and the case went to trial at Southern District of Florida federal court in Miami for causation and damages.

Kaba says she is a stay at home mother who intended to return to work but continuing pain and immobility are preventing her from doing so.

Carnival challenged this in the trial, claiming she never had any intention of returning to work and was therefore not eligible for lost earnings.

The jury ruled in her favor and awarded her $2,925,957.55 in damages. Here is the breakdown courtesy of Verdict Search.com:

$221,911 Personal Injury: Past Medical Cost

$373,564 Personal Injury: Future Medical Cost

$170,483 Personal Injury: FutureLostEarningsCapability

$200,000 Personal Injury: Past Pain And Suffering

$1,960,000 Personal Injury: Future Pain And Suffering

Source: Maritime and Maryland Injury Law Blog.com.



Category: Cruise Ship Injuries



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