Chaparro, et al. v. Carnival Corp., No. 11-14047 (11th Cir. 2012)
Annotate this CasePlaintiffs and their daughter took a vacation aboard a Carnival cruise ship where a Carnival employee encouraged them to visit Coki Beach. On the way back from Coki Beach to the ship, plaintiffs and their daughter were on an open-air bus that passed a funeral service of a gang member. While stuck in traffic, gang-related, retaliatory violence erupted at the funeral, shots were fired, and the daughter was killed on the bus as an innocent passerby. Plaintiffs sued Carnival, alleging, among other things, that Carnival negligently failed to warn them about the crime problem, reported gang-related violence, and potential for public shootings in the areas at issue. The court held that the complaint sufficiently stated claims for which relief could be granted. Therefore, the court reversed the district court's judgment of dismissal and remanded for further proceedings.
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