Wikipedia

Moragne v. States Marine Lines, Inc.

(Redirected from Raskin v. P. D. Marchessini, Inc.)

Moragne v. States Marine Lines, Inc., 398 U.S. 375 (1970) is a United States Supreme Court case addressing the remedies under federal maritime law for tortious deaths on state territorial waters.

Moragne v. States Marine Lines, Inc.
Supreme Court of the United States
Argued March 4, 1970
Decided June 15, 1970
Full case nameMoragne v. States Marine Lines, Inc.
Docket no.175
Citations398 U.S. 375 (more)
ArgumentOral argument
Holding
An action does lie under general maritime law for death caused by violation of maritime duties.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Case opinion
MajorityHarlan, joined by Burger, Black, Douglas, Brennan, Stewart, White, Marshall
Blackmun took no part in the consideration or decision of the case.

Facts

edit

The petitioner's husband was a longshoreman on board the vessel Palmetto State when a hatch beam became disengaged and fell, striking the decedent in the head and causing his death. The petitioner brought suit as his widow and representative to recover damages for wrongful death from States Marine Lines, Inc., the owner of the vessel. The petitioner's based her claims upon negligence and the unseaworthiness of the vessel, alleging that a defective locking arrangement caused the hatch to fall.[1] The Federal District Court for the Middle District of Florida determined that the applicable Florida wrongful death statute did not include the concept of unseaworthiness and dismissed the petitioner's claims. The Court of Appeals for the Fifth Circuit affirmed the District Court's dismissal, and the United States Supreme Court granted certiorari.[2]

Opinion

edit

In a unanimous opinion delivered by Justice John M. Harlan II, the Supreme Court overruled the prior controlling case of The Harrisburg (1886), which denied recovery under general maritime law for wrongful death on navigable waters. In The Harrisburg the court had held that the common law doctrine of no recovery would be incorporated in toto into maritime law, which meant that no remedy was allowed for wrongful death in general maritime law unless there was some statute that specifically granted such a remedy.[3] Moragne eliminated many of the disparities of maritime death law and allowed claimants to assert wrongful death claims based on unseaworthiness by authority of general maritime law independent of statutory reliance.[4]

A companion case, Raskin v. P. D. Marchessini, Inc., was vacated and remanded to the Court of Appeals for reconsideration in light of Moragne.[5]

References

edit
  1. ^ "Setting Sail with Wrongful Death: An Action Does Lie Under General Maritime Law for Death Caused by Violation of Maritime Duties -- Moragne v. States Marine Lines, Inc., 90 S. Ct. 1772 (1970)". California Western International Law Journal. Retrieved November 11, 2021.
  2. ^ "Moragne v. States Marine Lines, Inc., 398 U.S. 375 (1970)". Justia. Retrieved November 11, 2021.
  3. ^ "The Impact of Moragne v. States Marine Lines, Inc., on General Maritime Law". North Carolina Central Law Review. Retrieved November 11, 2021.
  4. ^ "Admiralty - Wrongful Death. Moragne v. States Marine Lines, Inc., 90 S. Ct. 1772 (1970)". William and Mary Law Review. Retrieved November 11, 2021.
  5. ^ 399 U.S. 519 (1970).
Retrieved from "https://en.wikipedia.org/w/index.php?title=Moragne_v._States_Marine_Lines,_Inc.&oldid=1175147027#Opinion"