Senn v. Princess Cruise Lines CA2/2

Filed 9/10/13 Senn v. Princess Cruise Lines CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

DENNIS SENN et al., B244101

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. PC048226) v.

PRINCESS CRUISE LINES, LTD.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Melvin D. Sandvig, Judge. Affirmed.

Weber & Baer, Jonathan S. Weber, Andrew L. Treger, and Eric G. Rudin for Plaintiffs and Appellants.

Maltzman & Partners, Jeffrey B. Maltzman, Teresa C. Senior, and Heather F. Lunn for Defendant and Respondent.

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Plaintiff Dennis Senn (Dennis) suffered injuries when using a mobility scooter on a ramp on a cruise ship owned and operated by defendant Princess Cruise Lines, Ltd. (Princess). In an effort to recover damages for his injuries, Dennis and his wife, plaintiff Eva Senn, brought this action for damages against Princess for general negligence, premises liability, and loss of consortium. Princess moved for summary judgment, and the trial court granted Princess’s motion. Plaintiffs appeal, contending that a triable issue of fact exists as to whether (1) the ramp on which Dennis fell constitutes a dangerous condition, and (2) Princess had knowledge of the allegedly dangerous condition. We affirm. FACTUAL AND PROCEDURAL BACKGROUND The Parties Dennis suffers from a degenerative spinal condition, ankylosing spondylitis, and, as a result, depends upon a motorized wheelchair or mobility scooter for travel. Princess operates the Star Princess cruise ship. But, Princess did not participate in the design or construction of the Star Princess. Dennis Rented a Mobility Scooter Dennis and his wife purchased tickets to take an Alaskan cruise aboard the Star Princess. Princess does not lease mobility scooters to its passengers, but its Web site provides the contact information for companies that rent medical equipment to cruise passengers. Ultimately, Dennis leased a mobility scooter from Special Needs Group, Inc. (SNG). He specifically requested a heavy duty scooter; SNG selected a scooter and delivered it to Dennis onboard the ship. The Accident On May 31, 2009, Dennis and his wife boarded the cruise ship. Shortly after boarding the ship, Dennis received his mobility scooter (without a manual) and began using it. He went down a hallway, used an elevator, and approached a double door with a ramp leading to the outside deck. When Dennis sought to negotiate the ramp, the scooter tipped over backwards, falling onto him. Dennis suffered serious injuries.