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GARAY v. CARNIVAL CRUISE LINE, INC.

No. 89-5319.

904 F.2d 1527 (1990)

Balbino Jimenez GARAY, Plaintiff-Appellant, v. CARNIVAL CRUISE LINE, INC., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 10, 1990.

Attorney(s) appearing for the Case

Brett Rivkind, Miami, Fla., for plaintiff-appellant.

Rodney E. Walton, Kelley, Drye & Warren, Miami, Fla., for defendants-appellees.

Before FAY and KRAVITCH, Circuit Judges, and KAUFMAN, Senior District Judge.

KRAVITCH, Circuit Judge:

Balbino Jimenez Garay ("Garay"), a seaman on board the vessel Tropicale, chartered by Carnival Cruise Lines, Inc. ("Carnival"), suffered severe head injuries when he fell down a flight of stairs on board the ship. Garay sued Carnival on the basis of maintenance and cure, and Jones Act negligence (including a claim for failure to provide adequate treatment) and unseaworthiness. Carnival asserted as a defense to maintenance and cure that the...

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