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American Export Lines, Inc. Vs. Alvez
Cites for this judgment
- US Supreme Court
- May 12, 1980
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U.S. 274 (1980) U.S. Supreme Court American Export Lines, Inc. v. AlvezSearch
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U.S. 274 (1980) American Export Lines, Inc. v. AlvezSearch
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Court reversed and granted the motion to amend, reasoning that the case was controlled by Sea-Land Services, Inc. v. GaudetSearch
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waters to maintain an action for damages for the loss of her husband's society. Although Sea-Land Services, Inc. v. GaudetSearch
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maritime law. Pp. 446 U. S. 279 -286. MR. JUSTICE POWELL, while believing that Sea-Land Services, Inc. v. GaudetSearch
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opinion, in which MR. JUSTICE WHITE, MR. JUSTICE BLACKMUN, and MR. JUSTICE STEVENS joined. Sea-Land Services, Inc. v. GaudetSearch
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U. S. 573 (1974), held that, under the nonstatutory maritime wrongful death action fashioned by Moragne v. StatesSearch
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as a plaintiff for loss of society was denied by the New York Supreme Court, Special Term, on the authority of Igneri v. CieSearch
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See Cox Broadcasting Corp. v. CohnSearch
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Radio Station WOW v. JohnsonSearch
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Gillespie v. UnitedSearch
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States Steel Corp., 379 U. S. 148 , 379 U. S. 153 (1964). III In Igneri v. CieSearch
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Savage v. NewSearch
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F. 778, 781 (CA2 1911) (adopting opinion of Hough, District Judge) (dictum), with New York & Long Branch Steamboat Co. v. JohnsonSearch
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Michigan Central R. Co. v. VreelandSearch
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U. S. 59 (1913). Too, it was far from evident that the rule of Seas Shipping Co. v. SierackiSearch
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the legal setting within which we confront a claim for loss of society due to personal injury. In 1970, Moragne v. StatesSearch
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nonstatutory, cause of action, and its contours were further shaped some four years later by Sea-Land Services, Inc. v. GaudetSearch
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But general federal maritime law is a source of relief for a longshoreman's personal injury, Pope & Talbot, Inc. v. HawnSearch
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Mobil Oil Corp. v. HigginbothamSearch
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Moragne v. StatesSearch
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Sea-Land Services, Inc. v. GaudetSearch
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To be sure, Mobil Oil Corp. v. HigginbothamSearch
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our sometime treatment of longshoremen as pseudo-seamen for certain Jones Act purposes, International Stevedoring Co. v. HavertySearch
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Seas Shipping Co. v. SierackiSearch
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Pope & Talbot, Inc. v. HawnSearch
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et seq., which was incorporated into the Jones Act, see, e.g., Ivy v. SecuritySearch
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present juncture are currently prevailing views about compensation for loss of society. Cf. Sea-Land Services, Inc. v. GaudetSearch
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same relief is due the wife who suffers a comparable loss because of wounds suffered by her husband, see, e.g., Duncan v. GeneralSearch
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Orr v. OrrSearch
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Sea-Land Services, Inc. v. GaudetSearch
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Gaudet, one Federal Court of Appeals has expressly aligned itself with the Igneri rule, Christofferson v. HalliburtonSearch
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F.2d 1174 (1976), and a number of state and federal district courts have divided on the issue, compare, e.g., Pesce v. SummaSearch
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Corp., 54 Cal.App.3d 86, 126 Cal.Rptr. 451 (1975), and Giglio v. FarrellSearch
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Lines, Inc., 424 F.Supp. 927 (SDNY 1977), appeal denied, No. 77-8014 (CA2, Feb. 17, 1977), with Davidson v. SchlusselSearch
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Reederei KG, 295 So.2d 700 (Fla.App. 1974), and Westcott v. McAllisterSearch
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however, need not preclude us from considering the final determination as to Mrs. Alvez' claim. Cf. Gillespie v. UnitedSearch
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U.S. at 414 U. S. 591 -592. In Christofferson v. HalliburtonSearch
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et seq. See Swanson v. MarraSearch
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LHWCA, longshoremen retained additional rights based upon the warranty of seaworthiness. See Seas Shipping Co. v. SierackiSearch
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Sea-Land Services, Inc. v. GaudetSearch
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Swartz v. UnitedSearch
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Schreiner v. FruitSearch
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Glendale v. BradshawSearch
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Missouri Pacific Transp. Co. v. MillerSearch
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Rodriguez v. BethlehemSearch
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