BURDEAUX v. ROYAL CARIBBEAN CRUISES, LTD.
BRITTANY BURDEAUX, Plaintiff,
ROYAL CARIBBEAN CRUISES, LTD., Defendant.
Case No. 11-22798-CIV-ALTONAGA/Simonton.
United States District Court, S.D. Florida, Miami Division.
August 3, 2012.
Brittany Burdeaux, Plaintiff, represented by Eric Charles Morales, Lipcon, Margulies, Alsina & Winkleman, P.A., Michael A. Winkleman, Lipcon Margulies & Alsina, Nicole Lauren Wulwick, Kubicki Draper & Jason Robert Margulies, Lipcon Margulies, Alsina & Winkleman, P.A..
Royal Caribbean Cruises, Ltd., Defendant, represented by John Joseph Quick, Royal Caribbean Cruises, Ltd., Lauren E DeFabio, Mase Lara Eversole & Valentina M. Tejera, Mase, Lara, Eversole P.A..
CECILIA M. ALTONAGA, District Judge.
THIS CAUSE came before the Court on Defendant, Royal Caribbean Cruises, Ltd.'s ("Royal Caribbean[`s]") Motion for Summary Judgment . . . ("Motion") [ECF No. 61], filed on June 11, 2012. The Court has carefully considered the parties' written submissions, the record, and the applicable law.
Plaintiff, Brittany Burdeaux ("Burdeaux"), was a passenger onboard Royal Caribbean's vessel, the Oasis of the Seas, during the course of a cruise that began on August 21, 2010. (See Mot. ¶¶ 1). When the Oasis of the Seas arrived in Cozumel, Mexico on August 26, 2010, Burdeaux disembarked, and after visiting the beach, took a taxi to a restaurant, and then went shopping alone. (See id. ¶¶ 2, 4).
From the restaurant, Burdeaux walked to the main strip of shops along one street in Cozumel, which was depicted on a map that Royal Caribbean provided to her before she disembarked. (See id. ¶¶ 3-4). Royal Caribbean derives revenue from passengers who purchase items in the stores listed on the map. (See id. ¶¶ 3 n.1). Certain recommended shops on the map also provide passengers with a sixty-day "Buyer's Guarantee" for repairs and returns of purchased merchandise. (Id. ¶¶ 3). The "guaranteed and recommended shops" were marked on the map with a number and corresponding description that detailed the name of the shop and the merchandise sold. (Id.). The map was created by a non-party. (See id.).
While shopping, Burdeaux attempted more than once to purchase illegal drugs, but was unsuccessful. (See id. ¶ 7). Following her attempts to purchase drugs, she stopped in a few stores on the main strip to shop for jewelry. (See id. ¶¶ 8). After walking a few blocks down the main strip to a store called "Viva Mexico," Burdeaux turned around and walked back in the direction from which she had come. (See id.). While walking back, Burdeaux came across a shopping cart that had jewelry. (See id. ¶¶ 9). Up until this time, Burdeaux had remained on the main strip depicted on the map and had not ventured down any side streets. (See id.) The jewelry cart was not identified on the map, nor did the map mention or recommend any jewelry carts. (See id.).