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$________ Admiralty - Negligent operation of cruise ship tender - Fall while attempting to exit tender to dock - Tibia fracture with surgery.

U.S. District Court, Southern District of Florida

The plaintiff was a passenger on a cruise ship operated by the defendant, Carnival Corporation, and fell while attempting to disembark a small tender boat to Grand Cayman Island. The plaintiff alleged that the fall resulted from the defendant’s failure to ensure a safe disembarking procedure for passengers. The defendant argued that the accident was caused by the plaintiff’s own negligence. The defendant also maintained that the tender boats were operated independently and were not employees or agents of the defendant.

The plaintiff was a 67-year-old female at the time of the incident in April ________. She testified that she was attempting to step off the tender boat onto the dock, but the gap was too large and she fell between the boat and the dock. The plaintiff argued that railings or a safer means to disembark from the tender should have been available and that the person supporting the plaintiff should not have let her go.

The plaintiff was diagnosed with a tibia fracture as a result of the fall. She underwent surgery to repair the fracture.

The defendant argued that the plaintiff failed to use appropriate caution when disembarking the tender. The operator of the tender boat was expected to be listed as a Fabre defendant had the case continued to trial.

The case was settled prior to trial for a total of $________ paid by the defendant.

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