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Miles Vs. Apex Marine Corp.
Cites for this judgment
- US Supreme Court
- Jan 01, 1990
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Miles v. ApexSearch
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Marine Corp. - 498 U.S. 19 (1990) U.S. Supreme Court Miles v. ApexSearch
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Marine Corp., 498 U.S. 19 (1990) Miles v. ApexSearch
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There is a general maritime cause of action for the wrongful death of a seaman. The reasoning of Moragne v. StatesSearch
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the wrongful death of a seaman do not include loss of society. This case is controlled by the logic of Mobil Oil Corp. v. HigginbothamSearch
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emphasis added). Sea-Land Services, Inc. v. GaudetSearch
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recovery only for pecuniary loss, and not for loss of society, in a wrongful death action. See Michigan Central R. Co. v. VreelandSearch
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Jones Act's survival provision limits recovery to losses suffered during the decedent's lifetime. See, e.g., Van Beeck v. SabineSearch
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of damages under general maritime law. The court reaffirmed Page 498 U. S. 23 its prior decision in Sistrunk v. CircleSearch
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U.S. 1003 (1990), and now affirm the judgment of the Court of Appeals. II We rely primarily on Moragne v. StatesSearch
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The revolution in the law began with Matanich v. SouthernSearch
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Brief any citation in this list with AI Studio
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The Court reaffirmed the rule two years later in Seas Shipping Co. v. SierackiSearch
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to negligence, and the Jones Act preempts state law remedies for the death or injury of a seaman. See Gillespie v. UnitedSearch
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This Court first addressed the preclusive effect of the Jones Act wrongful death provision in Lindgren v. UnitedSearch
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of a seaman resulting from the unseaworthiness of the vessel. Id. at 281 U. S. 47 -48. In Gillespie v. UnitedSearch
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does not disturb seamen's general maritime claims for injuries resulting from unseaworthiness, Pacific Steamship Co. v. PetersonSearch
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not preclude the recovery for wrongful death due to unseaworthiness created by its companion statute DOHSA. Kernan v. AmericanSearch
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under the maritime wrongful death action. The Court first considered that question in Sea-Land Services, Inc. v. GaudetSearch
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for deaths on the high seas, or the Jones Act for deaths of true seamen. We considered DOHSA in Mobil Oil Corp. v. HigginbothamSearch
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In Michigan Central R. Co. v. VreelandSearch
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limitation on damages as well. We assume that Congress is aware of existing law when it passes legislation. See Cannon v. UniversitySearch
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a seaman's personal cause of action does not survive the seaman's death. Cortes v. BaltimoreSearch
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Romero v. InternationalSearch
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courts have applied these state statutes in many instances to preserve suits for injury at sea. See, e.g., Just v. ChambersSearch
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U. S. 383 , 312 U. S. 391 (1941). See also Kernan v. AmericanSearch
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Kossick v. UnitedSearch
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Courts of Appeals have relied on Moragne to hold that there is a general maritime right of survival. See Spiller v. ThomasSearch
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Barbe v. DrummondSearch
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Law v. SeaSearch
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Evich v. ConnellySearch
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Van Beeck v. SabineSearch
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St. Louis, I.M. & S.R. Co. v. CraftSearch
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b). Suit in Gaudet was filed before 1972. Gaudet v. Sea-LandSearch
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In Offshore Logistics, Inc. v. TallentireSearch
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Olivier v. HoughtonSearch
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Incollingo v. EwingSearch
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Balmer v. DilleySearch
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U.S. Supreme Court Miles v. ApexSearch
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of Moragne v. StatesSearch
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of Mobil Oil Corp. v. HigginbothamSearch
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Sea-Land Services, Inc. v. GaudetSearch
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See Michigan Central R. Co. v. VreelandSearch
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Sistrunk v. CircleSearch
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Moragne v. StatesSearch
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Matanich v. SouthernSearch
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Seas Shipping Co. v. SierackiSearch
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