John Doe v. William Pretorius, Jacqueline Gobeil, and Bryan Patiu (defendants) / John Doe v. Carnival Corp. (Garnishee)

May 09, 2013

John Doe v. William Pretorius, Jacqueline Gobeil, and Bryan Patiu (defendants) / John Doe v. Carnival Corp. (Garnishee)

Complaint

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IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
IN ADMIRALTY
CASE NO.:
JOHN DOE,
Plaintiff,

vs.

WILLIAM PRETORIUS,
JACQUELINE GOBEIL, and
BRYAN PATIU
Defendants.
______________________________________/

JOHN DOE,
Garnishor,

vs.

carnival corp.,
Garnishee.
______________________________________/

VERIFIED COMPLAINT PRAYING FOR ATTACHMENT PURSUANT TO SUPPLEMENTAL RULE B

Plaintiff, JOHN DOE, by and through undersigned counsel, hereby sues Defendants and alleges as follows:

PRELIMINARY ALLEGATIONS

Plaintiff sues Defendants and alleges:

1. This is a case of admiralty and maritime jurisdiction, as hereinafter more fully appears. This is an admiralty or maritime claim within the meaning of Rule 9(h). Relief is sought under Supplemental Rule B and Local Admiralty Rule 2.

2. Defendants, at all times material hereto, personally or through an agent;

a. Did not have an office in this state and/or county and cannot be found within the jurisdiction of this court;
b. Were engaged in activity with Garnishee, CARNIVAL CORP., a company with its principal place of business in Doral, Florida, by virtue of several Nursing Services Agreements and/or Independent Contractor Agreements.

3. The Garnishee is subject to the jurisdiction of the Courts of this state.

4. The causes of action asserted in this Complaint arise under the General Maritime Law of the United States.

5. At all times material hereto, Defendants worked onboard the CARNIVAL CORP. vessel Miracle, as the ship’s medical personnel.

6. Defendant, WILLIAM PRETORIUS, was the ship’s doctor aboard the vessel Miracle. WILLIAM PRETORIUS is a citizen of South Africa whose permanent address is in South Africa.

7. Defendant, JACQUELINE GOBEIL, was a ship’s nurse aboard the vessel Miracle. JACQUELINE GOBEIL is a citizen of Canada whose permanent address is in Canada.

8. Defendant, BRYAN PATIU, was a ship’s nurse aboard the vessel Miracle. BRYAN PATIU is a citizen of the Philippines whose permanent address is in the Philippines.

9. At all times material, Garnishee is making payments to the Defendants pursuant to their respective agreements. .

10. Pursuant to Supplemental Admiralty Rule B, If a defendant is not found within the district when a verified complaint praying for attachment and the affidavit required by Rule B(1)(b) are filed, a verified complaint may contain a prayer for process to attach the defendant’s tangible or intangible personal property–up to the amount sued for–in the hands of garnishees named in the process. Herein, Plaintiff prays for process to attach any and all funds due and owing (whether past, present or future) to the Defendants from Garnishee Carnival.

11. At all times material, Defendants were employees, agents, apparent agents, partners and/or joint venturers with Garnishee CARNIVAL CORP.

12. On or about September 30, 2011, Plaintiff was a paying passenger aboard the Miracle.

13. On or about September 30, 2011, Plaintiff was injured aboard the Miracle, when he slipped and fell in his cabin shower. Plaintiff immediately sought medical treatment from the Defendants.

14. The Defendants failed to provide Plaintiff with prompt, proper and/or adequate medical care and attention; Failed to timely diagnose Plaintiff’s life threatening conditions; and treated the Plaintiff negligently such that they caused him further injury.

15. At all times material, Garnishee CARNIVAL CORP., a Panamanian Corporation with its headquarters in Fla., supplied and staffed the medical facility onboard the Miracle. Further, CARNIVAL CORP. paid the Defendants for their work in the medical facility.

16. PRIOR HISTORY: An action was previously filed on September 13, 2012, by the Plaintiff in the Southern District of Florida, Case No. 2012 – 23345 Civ-Ungaro. In that action, a Rule B garnishment was not utilized. In that action, the Defendants filed Motions to Dismiss the Complaint for lack of personal jurisdiction. The Defendant’s Motions to Dismiss were granted due to lack of Personal Jurisdiction by the district court on February 13, 2013 (Plaintiff does not agree with said ruling). That action remains pending against CARNIVAL CORP. Plaintiff intends to file a motion to consolidate the instant action with the pending action.

COUNT I – NEGLIGENCE AGAINST ALL DEFENDANTS

Plaintiff realleges, adopts, and incorporates by reference the allegations in paragraphs 1 through 16 as though alleged originally herein.

1. At all times material hereto, the Defendants were the ship’s medical personnel aboard the vessel Miracle on or about September 30, 2011.

2. It was the duty of Defendants to provide Plaintiff with reasonable care under the circumstances and/or medical care which did not fall below the applicable standard of care for cruise ship doctors.

3. On or about September 30, 2011, the Defendants and/or their agents, servants, and/or employees breached their duty to provide Plaintiff with reasonable care under the circumstances and/or medical care which did not fall below the applicable standard of care for cruise ship doctors.

4. On or about the above date, Plaintiff was injured due to the fault and negligence of the Defendants, and/or his agents, servants, and/or employees as follows:
a.Failing to promptly provide Plaintiff with proper and/or adequate medical care and attention; and/or
b.Failing to timely diagnose Plaintiff’s, medical condition; and/or
c.Failing to recommend the immediate evacuation of Plaintiff from the ship; and/or
d.Knowingly rendering treatment to passengers while lacking the proper licenses to practice medicine in the jurisdiction of the ship and/or Bermuda; and/or
e.Failing to have proper licenses to practice medicine in the jurisdiction of the ship or Bermuda; and/or
f.Failing to promptly go to the plaintiff’s cabin when he needed medical attention; and/or
g.Failure to stabilize, immobilize, and or support plaintiff’s neck and spine; and/or
h.Sending the Plaintiff back to his cabin with a broken neck and bleeding in his brain when obvious signs of serious injury existed that demonstrated a need for immediate emergency care.

5. As a direct and proximate result of the Defendants’ negligence, the Plaintiff suffered injuries and/or his injuries were aggravated and made worse. Further, as a direct and proximate result off the negligence of the Defendants, the Plaintiff was injured about his body and extremities, suffered physical pain and suffering, mental and emotional anguish, loss of enjoyment of life, physical disability, impairment, inconvenience in the normal pursuits and pleasures of life, feeling of economic insecurity, disfigurement, aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of his injuries including psychiatric and life care, incurred special transportation costs after being discharged from the vessel, suffered physical handicap, lost wages, income lost in the past, and his working ability and earning capacity have been impaired. The injuries and damages are permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. Further, Plaintiff lost the value of his vacation cruise for which he incurred expenses, including, but not limited to the cost of the cruise ticket for himself and others as well as transportation costs

Wherefore, the Plaintiff demands judgment for all damages recoverable under the law against the Defendants.

COUNT II
QUASI IN REM ATTACHMENT AND GARNISHMENT AGAINST CARNIVAL CORPORATION

Plaintiff realleges, adopts, and incorporates by reference the allegations in paragraphs 1 through 21 as though alleged originally herein.

1. This claim falls within the court’s admiralty and maritime subject matter jurisdiction. This claim arises from an injury to a passenger on board a cruise ship on navigable waters on or about September 30, 2013.

2. Plaintiff files this verified complaint and requests this Honorable Court attach and/or garnish Defendants’ belongings in the possession of Garnishee CARNIVAL CORP.

3. The Defendants’ belongings located within this judicial district are the past, present and future earnings from their nursing services agreements, independent contractor agreements, and/or any other contract of employment with CARNIVAL CORP. This includes, but is not limited to, all moneys owing under the above mentioned agreements, either directly or indirectly from any CARNIVAL CORP. entity, affiliate or agent, to WILLIAM PRETORIUS, JACQUELINE GOBEIL, and BRYAN PATIU, and/or any person and/or entity acting as agent and/or collecting moneys for the Defendants.

4. The Defendants cannot be found within the Southern District of Florida.

5. The amount of damages sought in this action, including unliquidated damages and attorneys fees in this action is an amount in excess of $2,000,000 United States dollars.

WHEREFORE, Plaintiff demands for process to attach to the defendants tangible or intangible personal property, up to the amount sued for, in the hands of the garnishees named in the process.

Dated: May 9, 2013.

LIPCON, MARGULIES,
ALSINA & WINKLEMAN, P.A. Attorneys for Plaintiff
One Biscayne Tower, Suite 1776
2 South Biscayne Boulevard
Miami, Florida 33131
Telephone: (305) 373-3016
Facsimile: (305) 373-6204
By: s/Eric C. Morales___
ERIC C. MORALES
Florida Bar No.: 91875