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Admiralty Law Keyed to Maraist
Dooley v. Korean Air Lines Co.
Citation:
524 U.S. 116, 118 S.Ct. 1890, 141 L.Ed.2d 102, 1998 AMC 1940 (1998)Facts
On September 1, 1983, Korean Air Lines Flight KE007, traveling from Anchorage, Alaska to Seoul, South Korea, strayed into Soviet airspace and was shot down over the Sea of Japan, killing all 269 passengers and crew. Personal representatives of three passengers filed lawsuits against Korean Air Lines in the United States District Court for the District of Columbia. After trial, a jury found KAL had committed “willful misconduct,” removing the Warsaw Convention’s $75,000 damages cap. The plaintiffs sought various damages, including compensation for the decedents’ pre-death pain and suffering. KAL argued that DOHSA, which provides recovery only for “pecuniary loss” sustained by specific relatives, was the exclusive remedy and did not permit recovery for pre-death pain and suffering. The case ultimately reached the Supreme Court on the question of whether a general maritime survival action could supplement DOHSA to allow recovery for pre-death pain and suffering.
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