Carnival Cruise Lines, Inc. v. Goodin

• Decision Date: 02 September 1988
• Citation: 535 So.2d 98
• Parties: CARNIVAL CRUISE LINES, INC. v. Donnie GOODIN. 87-681.
• Court: Alabama Supreme Court

Page 98

535 So.2d 98

CARNIVAL CRUISE LINES, INC. v. Donnie GOODIN.

87-681.

Supreme Court of Alabama.

Sept. 2, 1988.

On Return Following Remand Nov. 4, 1988.

Susan Salonimer Wagner and Patricia Clotfelter of Berkowitz, Lefkovits, Isom & Kushner, Birmingham, for appellant.

Davidson L. Laning of Davis, Knopf, Laning & Goldberg, Birmingham, for appellee.

TORBERT, Chief Justice.

This is an appeal from a judgment based on a jury verdict against Carnival Cruise Lines, Inc. ("Carnival"), in favor of Donnie Goodin.

Donnie Goodin has been afflicted with cerebral palsy since birth. He has been confined to a wheelchair all his life; he has difficulty speaking clearly and in making movements that are routine to those not physically challenged. Since 1984, Mary Slaughter, an attendant provided to Goodin by a state agency, has assisted him on a daily basis.

During the summer of 1985, Goodin and Slaughter made arrangements through a travel agent for a four-day Caribbean cruise with Carnival Cruise Lines, Inc. Goodin made it clear that it was absolutely necessary that the toilet and shower facilities on the cruise ship be accessible to him by wheelchair. The travel agent subsequently assured him that bathrooms would be accessible. Goodin then paid $1308 to the agent to cover the costs of the cruise and round-trip airfare to Miami, the ship's departure point, for himself and Mary Slaughter.

At about the time payment was tendered, Goodin signed an acknowledgment sheet for handicapped passengers, which included special instructions and the caveat that certain cabins and public restrooms would not accommodate a wheelchair. This was due to a raised, four-inch "lip," or step-over, in each entry doorway. Goodin signed another document when he and Slaughter arrived in Miami to begin the cruise. This latter document purported to release Carnival from all responsibility associated with Goodin's physical condition as it affected his use of any facilities aboard ship. This form likewise stated that certain bathrooms were inaccessible by wheelchair.

After the cruise ship, the Carnivale, left port, Goodin and Slaughter discovered that no bathrooms on the ship were accessible by wheelchair. Consequently, Goodin was unable to maneuver his wheelchair to the toilet or into the shower and was unable to use either facility. He was able, however Upon their return home, Goodin and Slaughter wrote Carnival, demanding "financial restitution" for the problems caused Goodin by the inaccessibility of the Carnival's bathrooms. Carnival denied any responsibility for Goodin's inconvenience. Goodin then sued Carnival and the travel agent. The jury found in favor of the travel agent, but awarded Goodin $110,000 against Carnival on his theory of fraud. Carnival timely moved for judgment notwithstanding the verdict or, in the alternative, a new trial. The motion was denied and Carnival appealed.

to use a portable urinal he had brought aboard.

At the outset, we note that in order to prevail on a fraud claim, regardless of whether the representations were made mistakenly, willfully, or recklessly, a plaintiff must introduce proof of a false representation concerning a material existing fact which, when relied upon by the plaintiff, proximately caused him damage. Hammond v. City of Gadsden, 493 So.2d 1374, 1377 (Ala.1986); Code of 1975, § 6-5-101. If the evidence establishes an intent to defraud or deceive, the law permits the imposition of punitive damages. American Honda Motor Co. v. Boyd, 475 So.2d 835, 839 (Ala.1985).

In this case, the fraud issue centers solely on the documents sent from Carnival to Goodin stating, essentially, that certain bathrooms were inaccessible by wheelchair. Testimony introduced by Goodin showed that, in fact, no bathrooms aboard the Carnivale were wheelchair-accessible. Carnival argues, however, that its brochure stated only that the Carnivale was one of the cruise line's ships and that certain bathrooms were inaccessible. Because one of Carnival's four cruise ships, the Tropicale, had a few wheelchair-accessible bathrooms, Carnival argues that the representation in the brochure is true. Carnival's contention that its representation that certain bathrooms were inaccessible was true because all bathrooms on three ships and most on the fourth were inaccessible is without merit. Had the representation been that bathrooms on certain ships were not accessible by wheelchair, the result here might be different. We are of the opinion that the jury could have concluded from the evidence that Carnival intentionally made false representations of material fact to Goodin.

Carnival first argues that the document executed by Goodin in Miami effectively released it from all liability. In pertinent part, that document provides:

"I hereby release Carnival Cruise Lines from any and all responsilbility [sic] associated with my physical condition as it relates to my use of any and all facilities aboard their ship.

"I understand that it is required by the line that I am equipped with a portable (collapsible) wheelchair, that certain bathrooms do not accommodate a wheelchair, and that my companion, Mary Slaughter, will assist me as necessary in embarking and debarking the ship and in any other capacity, for the duration of the cruise, and in case of an emergency."

(Emphasis added.) Carnival also perceives that the trial court erred in submitting to the jury the issue of whether the release was effective rather than making that determination as a matter of law.

An unambiguous release, supported by valuable consideration, will be given effect according to the intention of the parties as adjudged by the court from what appears on the face of the document; parol evidence is inadmissible to impeach it. Baker v. Ball, 473 So.2d 1031, 1035 (Ala.1985); Finley v. Liberty Mut. Ins. Co., 456 So.2d 1065, 1067 (Ala.1984). However, a contract otherwise clear on its face may be ambiguous if collateral matters render its meaning uncertain. Williams v. Nolin, 484 So.2d 428 (Ala.1986); Mass Appraisal Services, Inc. v. Carmichael, 404 So.2d 666 (Ala.1981). In Carmichael, we recounted:

"It is said that 'a latent ambiguity arises when the writing on its face appears clear and unambiguous, but there is some collateral matter which makes the meaning uncertain', 32 C.J.S., Evidence, § 961b, p. 915; 'that is, an uncertainty which does not appear on the face of the instrument, but which is shown to exist Carmichael, 404 So.2d at 672. In the instant case, we find that the release was ambiguous in its provision that certain bathrooms would not accommodate a wheelchair. Uncontradicted testimony adduced by Goodin revealed that, in fact, no bathrooms aboard the Carnivale were accessible by wheelchair. Once an ambiguity in a release arises, the determination of its true meaning rests with the finder of fact. We perceive no error in the trial court's submission of this issue to the jury, nor in its refusal to construe "certain bathrooms" as meaning all bathrooms.

for the first time by matter outside the writing', 20 Am.Jur., Evidence, § 1157, p. 1010. And it is well-established that parol or other extrinsic evidence is admissible to explain or clarify a latent ambiguity."

Carnival next challenges the trial court's admission into evidence of correspondence between the parties, taking the position that such correspondence amounts to an offer of compromise. In substance, the correspondence consists of Goodin's letter demanding "financial restitution" and Carnival's reply letter advising Goodin that "no adjustment [was] appropriate."

Offers of compromise by one party to another, made before or after the litigation is begun, are inadmissible. Super Valu Stores, Inc. v. Peterson, 506 So.2d 317 (Ala.1987); Glaze v. Glaze, 477 So.2d 435 (Ala.Civ.App.1985). This rule eliminates the danger that offers of compromise, if admitted, might imply the strength of one party's case or the weakness of his opponent's. See Gurganus v. Kiker, 286 Ala. 442, 241 So.2d 113 (1970). Here, however, that danger was not present. Carnival simply flatly rejected to pay any restitution to Goodin. Moreover, Carnival made no offer of compromise and did nothing other than deny liability. Cf. Krummenacher Drug Co. v. Chocteau, 296 S.W. 255 (1927) (flat denial of responsibility not an offer of compromise). Because, then, Carnival was not the offerer, it does not enjoy the "privilege" of having any offer excluded; stated alternatively, sound policy disfavors the admission into evidence of offers of compromise or settlement, and no such evidence is admissible against the party making the offer. York v. Chandler, 40 Ala.App. 58, 109 So.2d 921, cert. denied, 268 Ala. 700, 109 So.2d 925 (1959); S. Gard, Jones on Evidence § 13.51 (6th ed. 1972); and Wigmore on Evidence § 1061(c) (Chadbourn rev. 1972).

Carnival also has raised an issue concerning the trial court's action in disallowing any testimony about the absence of any complaints from Carnival's previous passengers confined to wheelchairs or about comment cards sent by handicapped passengers to Carnival relating that they thought the accommodations were excellent. This, coupled with Carnival's assertion that this evidence was directed at the issue of intent, was the entire offer of proof made to the trial court.

As we stated in Dorcal, Inc. v. Xerox Corp., 398 So.2d 665, 671 (Ala.1981), "Though we recognize the need to admit any probative evidence, however slight, bearing upon the issue of ... fraud, questions of materiality, relevancy and remoteness rest largely within the discretion of the trial court" and "its ruling concerning relevancy must not be disturbed on appeal unless such discretion [has] been grossly abused." The meager offer of proof in the instant case did not refer to any specific comparisons proposed to be proved, did not relate whether the same representations involved in the instant case were made to previous passengers, and did...