Kornberg v. Carnival Cruise Lines, Inc.

741 F.2d 1332, 1985 AMC 826 (1984)

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Kornberg v. Carnival Cruise Lines, Inc.

United States Court of Appeals for the Eleventh Circuit
741 F.2d 1332, 1985 AMC 826 (1984)

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Facts

Albert and Laura Kornberg (the Kornbergs) (plaintiffs) were passengers on the Carnival Cruise Lines, Inc. (Carnival) (defendant) cruise ship Tropicale for a one-week cruise to the Caribbean. During the voyage, the sanitary system on the ship, including the toilet in the Kornbergs’ cabin, failed to work properly. The Kornbergs filed a class-action suit against Carnival for damages arising from the inadequate functioning of the ship’s sanitary system during the voyage. Carnival claimed that its contract for passage on the cruise, which included disclaimers of liability for negligence, for any warranty of seaworthiness, and for liability for interruption of a voyage, eliminated any responsibility on its part to provide an adequately functioning sanitary system on the Tropicale. The district court granted Carnival’s motion for summary judgment and dismissed the Kornbergs’ suit based on those contractual disclaimers. The Kornbergs appealed.

Rule of Law

Issue

Holding and Reasoning (Roney, J.)

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