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Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review
Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review
Michigan Law Review
A recent federal district court decision, In re Sincere Navigation Corp. allowed recovery for the emotional distress of the spouse and the children of a seaman killed in a collision on the Mississippi River ·within the territorial waters of Louisiana. The action for ·wrongful death was brought under general maritime law through a new federal remedy first announced in Moragne v. States Marine Lines, lnc. Moragne did not specifically enumerate the elements of damage for which recovery would be allowed; instead it left the question open for consideration in later decisions. Whether any recovery was permitted under general maritime law …
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Michigan Law Review
It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …