MORAGNE V. STATES MARINE LINES, INC.
398 U.S. 375 (1970).
NATURE OF THE CASE: This was a grant of certiorari for the determination of whether
wrongful death was a valid cause of action under admiralty. from a wrongful death action.
FACTS: Edward Moragne, a longshoreman, was killed while working aboard the vessel
Palmetto State in navigable waters within the State of Florida. Moragne (P), as his widow
and representative of his estate, brought this suit in a state court against States Marine
Lines, Inc., (D), the owner of the vessel, to recover damages for wrongful death and for the
pain and suffering experienced by the decedent prior to his death. The claims were
predicated upon both negligence and the unseaworthiness of the vessel. D removed the case to
the Federal District Court for the Middle District of Florida on the basis of diversity of
citizenship, see 28 U.S.C. 1332, 1441, and there filed a third-party complaint against
respondent Gulf Florida Terminal Company, the decedent's employer, asserting that Gulf had
contracted to perform stevedoring services on the vessel in a workmanlike manner and that
any negligence or unseaworthiness causing the accident resulted from Gulf's operations. D
and Gulf sought dismissal of the portion of P's complaint that requested damages for
wrongful death on the basis of unseaworthiness. They contended that maritime law provided no
recovery for wrongful death within a State's territorial waters, and that the statutory
right of action for death under Florida law, Fla. Stat. 768.01 (1965), did not encompass
unseaworthiness as a basis of liability. The District Court dismissed that portion of the
complaint. The Court of Appeals certified the question to the Florida Supreme Court the
question whether the state wrongful-death statute allowed recovery for unseaworthiness as
that concept is understood in maritime law. The state court answered this question in the
negative. The Court of Appeals, that court affirmed the District Court's order. The Supreme
Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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