Myrna Taiariol v. MSC Crociere S.A.

Myrna Taiariol slipped on a step while leaving the theater of the Divina, a cruise ship owned and operated by the defendant, causing her to fall and break her ankle. She filed a lawsuit, asserting one count of negligence. The defendant moved for summary judgment, which the district court granted. This is Taiariol’s appeal.

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Taiariol and her husband attended several shows at the Pantheon Theatre while aboard the Divina. During one show, Taiariol sat in the front row of the balcony, which required her take a step up to reach her seat. That step, like many of the other steps on the Divina, had a…