Opinion
19-24766-CIV-WILLIAMS
05-31-2022
JANE DOE, Plaintiff, v. CARNIVAL CORPORATION, Defendant.
ORDER
KATHLEEN M. WILLIAMS, UNITED STATES DISTRICT JUDGE.
THIS MATTER is before the Court on Chief Magistrate Judge Edwin G. Torres's Report and Recommendation (“the Report”) (DE 151) that the Court grant Plaintiff Jane Doe's (“Plaintiff”) Motion for Partial Summary Judgment (“Plaintiff's Motion”) (DE 92) and grant Defendant Carnival Corporation's (“Defendant”) Motion for Partial Summary Judgment (“Defendant's Motion”). (DE 94.) Defendant filed objections (DE 153), to which Plaintiff did not respond.
Upon an independent review of the Report, the record, and applicable case law, it is ORDERED AND ADJUDGED as follows:
1. The conclusions in the Report (DE 151) are AFFIRMED AND ADOPTED.
2. Plaintiff's Motion (DE 92) is GRANTED. At trial, Defendant may not challenge its prima facie vicarious liability for the period of false imprisonment that Plaintiff was intentionally subjected to by Defendant's employee. However, any affirmative defenses that Defendant has raised to this claim may still be adjudicated by the trier of fact. Further, the amount of damages that Defendant is liable for is also subject to jury determination.
3. Defendant's Motion (DE 94) is GRANTED. Count III of Plaintiff's Complaint (DE 1), regarding Defendant's negligent infliction of emotional distress, is DISMISSED. An order of final judgment as to Count III will follow separately.
DONE AND ORDERED.