NEWBAUER v. CARNIVAL CORP.

No. 21-10955.

26 F.4th 931 (2022)

Michelle M. NEWBAUER, Plaintiff-Appellant, v. CARNIVAL CORPORATION, a Panamanian corporation doing business as Carnival Cruise Lines, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 28, 2022.


Attorney(s) appearing for the Case

Edward Steven Schwartz , Nicholas I. Gerson , Philip M. Gerson , Gerson & Schwartz, PA, Miami, FL, for Plaintiff-Appellant.

David J. Horr , Joshua Roger Lopez , Juan Carlos Perez, Jr. , Horr Novak & Skipp, PA, Miami, FL, for Defendant-Appellee.

Before Wilson, Luck, and Lagoa, Circuit Judges.


Michelle Newbauer appeals from the district court's dismissal of her complaint against Carnival Corporation for failure to state a claim. Newbauer contends that the district court erred in its dismissal because she pleaded sufficient facts to support the constructive notice element of her negligence claims. Alternatively, Newbauer...

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