## Facts

- Albert and Laura Kornberg bought passage on Carnival’s cruise ship, the TSS *Tropicale*, for a one-week Caribbean cruise.
- During the voyage, the ship’s sanitary system malfunctioned, including repeated toilet problems in the Kornbergs’ cabin that required individualized servicing by the crew.
- Discovery indicated the ship had sanitary-system problems on the cruise at issue and on two earlier cruises.
- Passenger questionnaires reflected that about 18% of respondents complained about toilet problems.
- The Kornbergs sued Carnival on behalf of themselves and a proposed class, seeking damages for discomfort and inconvenience allegedly caused by inadequate sanitary facilities.
- Carnival relied on passenger ticket provisions purporting to disclaim: (1) liability for negligence, (2) any warranty of seaworthiness, and (3) liability for interruption of full performance of the cruise.

## Issues

1. Whether the passenger ticket’s disclaimers barred, as a matter of maritime law, claims based on failure to provide an adequately functioning sanitary system.
2. Whether the district court adequately supported its denial of class certification based on numerosity and typicality.

## Decision

- The Eleventh Circuit reversed summary judgment for Carnival and remanded for trial on the merits.
- The court held the ticket disclaimers did not justify disposing of the claims on summary judgment given the carrier’s duties and disputed facts about the breakdowns and reasonable care.
- The court vacated the order denying class certification and remanded for reconsideration with fuller analysis.

## Legal Principles

- Under general maritime law, a ship acting as a common carrier owes passengers more than transportation; passage includes reasonable comforts and comfortable accommodations.
- A carrier must use reasonable care and effort to avoid passenger suffering or inconvenience that can be avoided.
- Boilerplate exculpatory clauses in passenger tickets are construed narrowly and will not be read to negate fundamental carrier obligations related to basic passenger comfort and sanitation.
- Summary judgment is improper where material disputes exist about the extent and duration of service failures and whether the carrier exercised reasonable care.
- A denial of class certification must be supported by sufficient findings and analysis of Rule 23 requirements, including numerosity and typicality.

## Conclusion

The Eleventh Circuit held that Carnival could not obtain summary judgment based on ticket disclaimers where passengers alleged avoidable sanitary-system failures affecting basic accommodations, and it required the district court to reconsider class certification with an adequate Rule 23 analysis.


Kornberg v. Carnival Cruise Lines, Inc., 741 F.2d 1332 (11th Cir. 1984)