NORFOLK SHIPBUILDING & DRYDOCK CORPORATION V. GARRIS
532 U.S. 811 (2001)
NATURE OF THE CASE: Norfolk (D) appealed a reversal of a trial court decision that stated
that no cause of action existed under general maritime law for the death of a nonseaman in
state territorial waters resulting from negligence.
FACTS: P sustained injuries while performing sandblasting work aboard the USNS Maj.
Stephen W. Pless in the employ of Tidewater Temps, Inc., a subcontractor for Mid-Atlantic
Coatings, Inc., which was in turn a subcontractor for D. P claimed the injuries were caused
by the negligence of D and one of its other subcontractors. Because the vessel was berthed
in the navigable waters of the United States when P was injured, P invoked federal admiralty
jurisdiction and prayed for damages under general maritime law. P also asserted claims under
the Virginia wrongful death statute. The District Court dismissed the complaint because 'no
cause of action exists, under general maritime law, for death of a nonseaman in state
territorial waters resulting from negligence.' The Fourth Circuit reversed and remanded for
further proceedings. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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