CARNIVAL CORPORATION, APPELLANT,
v.
CATHERINE GAGLIANO AND LISA GAGLIANO, AS CLASS REPRESENTATIVES, PANAMA CANAL RAILWAY COMPANY, MI-JACK PRODUCTS, INC., AND KANSAS CITY SOUTHERN RAILWAY, APPELLEES
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Carnival Corporation appealed a class certification order in a case involving Carnival cruise passengers injured during a shore excursion on a Panama Canal Railway train. The Florida appellate court reversed the class certification due to lack of commonality and typicality among class members, while affirming the trial court's dismissal of certain non-Carnival defendants.
The court reversed the class certification on the grounds that the class lacked the required commonality and typicality of claims necessary for class certification under applicable law. The court affirmed the dismissal of the other defendants (the entities allegedly responsible for operating the train).
[1] Class certification may be reversed for lack of commonality and typicality among class members.
[2] Dismissal of entities allegedly responsible for the operation of a train may be affirmed.
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Join FLexlaw to unlock all legal intelligence“We reverse the class certification on the grounds of lack of commonality and typicality.”
Establishes the primary holding that the class certification was improper due to failure to satisfy the commonality and typicality requirements.
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Join FLexlaw to unlock all legal intelligenceCarnival cruise passengers were allegedly injured while on a shore excursion aboard a Panama Canal Railway train that was involved in an accident in t…
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SCHWARTZ, Senior Judge.
Carnival Corporation appeals from an order certifying a class of Carnival cruise passengers who were allegedly injured while they were on a shore excursion aboard a Panama Canal Railway train in volved in an accident in the Republic of Panama. But see Henderson v. Carnival Corp., 125 F. Supp. 2d 1375, 1377 (S.D.Fla.2000); Dubret v. Holland Am. Line Westours, Inc., 25 F. Supp. 2d 1151, 1153 (W.D.Wash.1998), cited with approval in Samuelov v. Carnival Cruise Lines, Inc., 870 So. 2d 853, 855 (Fla. 3d DCA 2003).
We reverse the class certification on the grounds of lack of commonality and typicality. See Larschan v. Principal Life Ins. Co., 908 So. 2d 510, 2005 WL 1458641 (Fla. 4th DCA Case no. 4D03-4824, opinion filed, June 22, 2005); Liggett Group Inc. v. Engle, 853 So. 2d 434 (Fla. 3d DCA 2003), review granted, 873 So. 2d 1222 (Fla.2004); Norwegian Cruise Lines v. Rose, 784 So. 2d 1248 (Fla. 3d DCA 2001), review dismissed, 825 So. 2d 342 (Fla.2002); Ulysses Cruises, Inc. v. Calves, 728 So. 2d 363 (Fla. 3d DCA 1999).
As to the other issues presented with respect to the dismissal below of entities allegedly responsible for the operation of the train, we affirm. See Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 104 S.Ct. 1868, 80 L.Ed.2d 404 (1984); Pollard v. Steel Sys. Constr. Co., 581 F.Supp. 1551 (S.D.Fla.1984); Am. Int’l Group, Inc. v. Cornerstone Bus., Inc., 872 So. 2d 333, 336-37 (Fla. 2d DCA 2004); Camp Illahee Investors, Inc. v. Blackman, 870 So. 2d 80 (Fla. 2d DCA 2003); United Shipping Co. (Nassau) Ltd. v. Witmer, 724 So. 2d 722 (Fla. 3d DCA 1999); Price v. Point Marine, Inc., 610 So. 2d 1339 (Fla. 1st DCA 1992).
Affirmed in part, reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (14 total)
- Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408 (U.S. 1984)
- Liggett Grp. Inc. v. Howard A. Engle, M.D., 853 So. 2d 434 (Fla. 3d DCA 2003)
- Price v. Point Marine, Inc., 610 So. 2d 1339 (Fla. 1st DCA 1992)
- Am. Int'l Grp., Inc. v. Cornerstone Buses., Inc., 872 So. 2d 333 (Fla. 2d DCA 2004)
- Camp Illahee Invs., Inc. v. Blackman, 870 So. 2d 80 (Fla. 2d DCA 2003)
- Norwegian Cruise Lines Ltd. v. Rose, 784 So. 2d 1248 (Fla. 3d DCA 2001)
- Henderson v. Carnival Corp., 125 F. Supp. 2d 1375 (S.D. Fla. 2000)
- Commodore Aviation, Inc. v. Sanwa Bus. Credit Corp. Inc., 728 So. 2d 363 (Fla. 3d DCA 1999)
- Ulysses Cruises, Inc. v. Calves, 728 So. 2d 363 (Fla. 3d DCA 1999)
- Pollard v. Steel Sys. Const. Co., Inc., 581 F. Supp. 1551 (S.D. Fla. 1984)