Carnival Corporation d/b/a Carnival Cruise Lines operates approximately 22 cruise ships. On these cruise ships Carnival employs waiters and other staff in restaurants. The waiters are made to carry trays with stacks of plates and covers of plates on them and the waiters are made to rush. On this August 3, 2012 and on this cruise ship, a waiter tripped and dumped his tray full of dishes and covers onto passenger Simone Freeman and onto Simone Freeman’s friend sitting next to her.
As a result of this incident and the waiter throwing the tray and plates and covers onto passenger Freeman, passenger Freeman fell out of her chair and landed on her left shoulder and then flat on her back. Afterwards, the Maitre D’ came over to the table and advised passenger Freeman that a waiter tripped coming over towards the table. Passenger Freeman’s chair fell over and she fell onto her left shoulder. As a result of the negligence of the cruise line, passenger Freeman has suffered permanent internal damage to her left shoulder, which is serious and debilitating.