Jamar Thompson v. Oceania Cruises, Inc. and International Cruise Services, Inc., Case No.: 1:15-cv-20484-FAM (S.D. Fla. Oct. 13, 2015).
Plaintiff, Jamar Thompson, alleged he slipped and fell descending a stepladder while cleaning overhead vents in the crew galley of a cruise ship. The Plaintiff argued the method of work was unsafe. He alleged soap, water, and grease had fallen onto the ladder as he was cleaning, causing him to fall. The Court found, as a matter of law, that Defendants were not liable under theories of negligence or unseaworthiness. The Court noted there was nothing inherently unsafe in directing Plaintiff to clean the vents using a stepladder. The Court further held that there was insufficient evidence to support the notion that Defendants were responsible for the dangerous condition that caused Plaintiff’s fall and, moreover, the Defendants did not have notice of the dangerous condition. According to the Court the “proximate, direct and substantial cause” of the incident was that Plaintiff allowed soap, water and grease to run down his body. The Court found that the soap and water on the ladder was a condition which Plaintiff created and one that he had ultimate control over-thus, Defendants were not liable as a matter of law. The Court also dismissed without prejudice Plaintiff’s claims for Maintenance and Cure and Attorneys’ Fees, finding that the claims were premature given that Plaintiff was provided adequate medical care to date.
The case was handled by Annalisa Gutierrez.