In re Maryland Marine, Inc.
Maryland Marine, et al. (“Petitioners”) sought dismissal of claims for loss of society by the relatives and the estates representing passengers of a pleasure craft who died in a collision with Petitioners’ tug-barge unit in Alabama navigable waters.
Petitioners moved the court to determin (1) Whether general maritime law, not the Alabama wrongful death statute, governs claimants’ claim and (2) whether under general maritime law, claimants are entitled to damages for loss of society.
Did the Court grant Petitoners’ Motion of Summary Judgement?
First, loss of society damages are not recoverable under the Jones Act. While the Jones Act does not specify damages available for wrongful death actions, precedent has incorporated the recovery provisions of the Federal Employers’ Liability Act which has been interpreted only to allow precuniary damages.
Second, under state law, the claimants must show that (1) the deceased was killed in territorial waters and that (2) the state statute applies as opposed to federal statutory or judge-made law. Both parties here have agreed that Alabama’s wrongful death statute does not apply in this case. Therefore, remedies available under the Alabama law are not available.
Under general maritime law the Supreme Court has created a cause of
action for wrongful death “caused by violation of maritime duties”.
Claimants argue that they are entitled to loss of society because precedent has supported the award of loss of society because of the inability to recover under any state or federal statutes.
Under this action courts have awarded loss of society damages in limited circumstances, depending on the decedent’s status. In the case cited by the claimants, this Court points to binding law limiting the case to apply only in territorial waters, and longshoremen.
Furthermore this Court points to the purpose of maritime law, which is to protect maritime workers. Claimants contend that because they do not have any statutory remedies available, and their only recovery is under general maritime law, However, this Court holds that a remedy of loss of society under general maritime for representatives of a decedent, who is not a seaman, longshoreman, or exposed to similar risks, is not supported by a statute or case law.
Accordingly this Court holds that while loss of society damages argument may be presented, the courts are not bound to enforce them under general maritime law unless the decedent is a traditional maritime worker.Loss of society damages is the non-precuniary (non “measurable) award for loss of relationship with another.
The award is not available under the Jones Act which Congress has intended to incorporate the remedy provisions under the Federal Employers’ Liability Act. Moreover, case law has not supported the award under general maritime law except in limited circumstances, when the decedent was a traditional maritime worker.
Steve Gordon
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