Kathryn Groves v. Royal Caribbean Cruises, LTD.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 20, 2012
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-10815
Non-Argument Calendar
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D.C. Docket No. 1:09-cv-20800-EGT
KATHRYN GROVES,
Plaintiff-Appellant,
versus
ROYAL CARIBBEAN CRUISES, LTD.,
a Liberian corporation,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Florida
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(March 20, 2012)
Before MARCUS, MARTIN, and HILL, Circuit Judges:
PER CURIAM:

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Appellant Kathryn Groves (Groves) was injured on Appellee, Royal
Caribbean Cruises, Ltd.’s, cruise ship, M/S Freedom of the Seas (RCL). When
leaving the carpeted dining room, Groves slipped and fell as she stepped
backwards from the carpeted area onto the granite hard floor of the wait station.
In 2009, Groves filed a complaint, alleging, for purposes of this appeal, that
RCL is liable for the negligent design of the area in the dining room where the
accident occurred. The district court found that Groves presented no evidence1
that RCL actually created, participated in, or approved the alleged negligent
design of these areas near the dining room where Groves was injured. It granted
summary judgment to RCL on Groves’s negligent design of the dining area claim.
Under the law in this circuit, RCL can be liable only for negligent design of
the dining area if it had actual or constructive notice of such hazardous condition.
See Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318, 1322 (11th Cir. 1989);
Everett v. Carnival Cruise Lines, 912 F.2d 1355 (11th Cir. 1990). The district
court found that it did not. We agree.
Having reviewed the record in this appeal, the briefs and the argument of
counsel, we find no error, and affirm the judgment of the district court.
Groves also appealed the district court’s exclusion of her expert witness’s testimony on the1
design flaw issue. As there is no negligent liability attributable to RCL, the district court considered
this issue as moot. We agree.
2

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AFFIRMED.
3

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