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U.S. Court of Appeals for the Eleventh Circuit, 2012

Mirta Bencomo v. Costa Crociere, S.P.A. Company

Mirta Bencomo v. Costa Crociere, S.P.A. Company
U.S. Court of Appeals for the Eleventh Circuit · Decided August 2, 2012 · Marcus, Wilson, Fay
476 F. App'x 232

Counsel

Arthur Joel Berger, Attorney at Law, Marc Jeffrey Reynolds, Robbins & Reynolds, Miami, FL, for Plaintiff-Appellant., Richard J. MeAlpin, Craig P. Liszt, McAlpin Conroy, PA, Miami, FL, for Defendant-Appellee.

Mirta Bencomo v. Costa Crociere, S.P.A. Company

Cases that cite this one

6 later published cases cite this decision.

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Opinion

PER CURIAM:

Plaintiff, Mirta Bencomo, slipped on a puddle near the pool onboard the Defendant’s cruise ship, the Costa Atlántica. Alleging various theories of negligence, Bencomo sued Costa Crociere, S.P.A. Company (“Costa”). The district court granted Costa’s motion for summary judgment. This is Bencomo’s appeal.

After a review of the record and the parties’ arguments, we affirm. Bencomo cannot establish that Costa had a duty to correct or warn passengers about the allegedly dangerous condition because Costa did not have actual or constructive knowledge of the puddle. See Keefe v. Bahama *233 Cruise Line, Inc., 867 F.2d 1318, 1322 (11th Cir. 1989) (per curiam). Nothing in the record creates a genuine dispute regarding this issue.

Affirmed.

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