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Remedies Keyed to Tabb, 8th
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 was employed as a longshoreman and died while performing his duties aboard the vessel Palmetto State, owned by States Marine Lines, Inc., in navigable waters within Florida’s territorial jurisdiction. His widow, as representative of his estate, brought suit in state court seeking damages for wrongful death and for pain and suffering experienced prior to death. The claims were based on both negligence and the vessel’s unseaworthiness. States Marine removed the case to federal court based on diversity of citizenship and filed a third-party complaint against Gulf Florida Terminal Company, Moragne’s employer, alleging that any negligence or unseaworthiness resulted from Gulf’s stevedoring operations. Both defendants moved to dismiss the unseaworthiness-based wrongful death claim, arguing that maritime law provided no such recovery in territorial waters and that Florida’s wrongful death statute did not encompass unseaworthiness.
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