Civil Procedure Keyed to Friedenthal
Gillespie v. United States Steel Corp
The Petitioner, the administratrix of her son, Daniel Gillespie’s estate, brought suit against the Respondent after her son fell and drowned while working as a seaman on the Respondent’s ship. The Petitioner claimed that she, as well as the decedent’s dependant brother and sisters, had a right of recovery under the Jones Act and the Ohio wrongful death statute because the vessel was not seaworthy according to maritime law. She also claimed under both acts damages based on the decedent’s pain and suffering. The District Court held that the Jones Act was the only act on which the Petitioner could proceed with her claims. The District Court also struck the claims of the brother and sisters, holding that they were not beneficiaries under the Jones Act while their mother was living. The Petitioner appealed to the Court of Appeals and the Respondent moved to dismiss the appeal asserting that the District Court had not made a final decision. The Petitioner, joined by the brother and sisters filed with the Court of Appeals a petition for a writ of mandamus ordering the District Judge to vacate his original order and enter a new one. The Court of Appeals proceeded to determine the controversy on the merits as though it were submitted on appeal and denied the petition for the writ and affirmed the District Court’s order.
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