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Torts Keyed to Duncan
Moragne v. States Marine Lines, Inc.
Citation:
398 U.S. 375 (1970)Facts
Edward Moragne, a longshoreman, was killed while working aboard the vessel Palmetto State near the shore of Florida. His widow (plaintiff) sued States Marine Lines, Inc. (defendant), the owner of the Palmetto State, in state court for negligence and unseaworthiness of the vessel, seeking damages for wrongful death and Moragne’s pain and suffering prior to death. The defendant removed to federal court on the basis of diversity jurisdiction and filed a third-party complaint against Gulf Florida Terminal Company (third-party defendant), Moragne’s employer. Both defendants sought dismissal of the plaintiff’s claim for damages relating to unseaworthiness, on the grounds that Florida’s wrongful death statute provided no recovery for claims relating to maritime law.
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