Guevara v. NCL (Bahamas) Ltd., No. 17-14889 (11th Cir. 2019)Annotate this Case
After plaintiff slipped and fell as he stepped down from a landing located on the outer deck of a cruise ship operated by NCL, he filed suit alleging that NCL negligently failed to warn passengers of the step down, and negligent failed to maintain and inspect the lighting in the area.
The Eleventh Circuit affirmed in part and held that the district court did not abuse its discretion in striking a portion of the expert's First Supplemental Report and the entirety of the Second Supplemental Report. However, the court held that plaintiff raised a genuine issue of material fact regarding NCL's prior notice of the dangerous condition posed by the step down. Therefore, the court reversed and remanded the district court's ruling regarding the failure to warn claim. Finally, the court affirmed as to the negligent maintenance claim and held that the district court did not err in concluding that plaintiff failed to create a triable issue of fact on whether NCL had notice of the allegedly dangerous condition posed by the unilluminated lightbulb.