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Admiralty Law Keyed to Maraist
Moragne v. States Marine Lines, Inc.
Citation:
398 U.S. 375, 90 S.Ct. 1772, 26 L.Ed.2d 339, 1970 AMC 967 (1970)Facts
Edward Moragne, a longshoreman, was killed while working aboard the vessel Palmetto State in navigable waters within the State of Florida. His widow brought suit against States Marine Lines, Inc., the vessel owner, seeking damages for wrongful death and for pain and suffering experienced by the decedent prior to his death. The claims were predicated upon both negligence and unseaworthiness of the vessel. After removal to federal court, the defendant sought dismissal of the unseaworthiness claim, contending that maritime law provided no recovery for wrongful death within state territorial waters, and that Florida’s wrongful death statute did not encompass unseaworthiness. The Florida Supreme Court confirmed that the state statute did not extend to unseaworthiness claims, and the federal courts dismissed that portion of the complaint.
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