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ARTICLE ID 289

$________ GROSS Cruise ship negligence - Plaintiff knocked down by revolving door pushed by waiter - Concussion - Cervical and lumbar sprain and strain - 50% comparative negligence found.

Miami-Dade County

This action was brought under Maritime Law by the female plaintiff, age 74 at the time, against the defendant cruise ship operator. The plaintiff alleged that one of the defendant’s waiters negligently knocked her down as he came out a revolving door. The defendant maintained that the plaintiff was comparatively negligent in causing the accident and disputed the extent of her accident related injuries.

The plaintiff testified that she was a passenger on the defendant’s cruise ship and was walking through a revolving door when the door was suddenly pushed open by a waiter from the other side, causing her to be knocked down to the floor. The plaintiff’s treating neurologist testified that the plaintiff suffered a concussion in the fall as well as cervical and lumbar sprain and strain injuries which have caused continuing neck and back pain. The plaintiff also suffered post-concussive syndrome with vertigo and headaches, according to her doctor. The plaintiff’s acupuncturist testified that the plaintiff underwent acupuncture which provided only temporary relief from her symptoms. The plaintiff was a resident of California at the time of the accident.

The defendant argued that the plaintiff was walking into a door which was clearly marked "Crew Only - Do Not Enter." The plaintiff denied seeing the signs. The defendant’s medical expert testified that the plaintiff suffered only minor soft tissue injuries in the fall and that those injuries had resolved without complication.

The jury found the defendant 50% negligent and the plaintiff 50% comparatively negligent. The plaintiff was awarded $________ which was reduced accordingly.

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