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Pgs 586-600

This document summarizes two wrongful death cases: [1] Moragne v. States Marine Lines, Inc. overturned precedent and established that claims can be made under maritime law for wrongful deaths caused by violation of maritime duties. [2] Selders v. Armentrout extended the damages that can be claimed in wrongful death cases of minor children to include loss of companionship, not just potential earnings. It affirmed the trial court's finding of liability but reversed on damages and remanded for a new trial considering these additional damages.

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38 views1 page

Pgs 586-600

This document summarizes two wrongful death cases: [1] Moragne v. States Marine Lines, Inc. overturned precedent and established that claims can be made under maritime law for wrongful deaths caused by violation of maritime duties. [2] Selders v. Armentrout extended the damages that can be claimed in wrongful death cases of minor children to include loss of companionship, not just potential earnings. It affirmed the trial court's finding of liability but reversed on damages and remanded for a new trial considering these additional damages.

Uploaded by

Amber Smith
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Torts Ch.

11 pgs 586-600 10/27/2010

1. Wrongful Death
Moragne v. States Marine Lines, Inc.
Relevant Facts— Maragne was a longshoreman who was killed while working aboard the vessel
Palmetto State in navigable waters within the state of FL. P, the widow, brought this suit
to recover for wrongful death and the pain and suffering experienced by the decedent
prior to his death. She claimed there was negligence and a question of seaworthiness of
the vessel. When this case was decided there was no recovery for wrongful death in
maritime law. This follows the old common law rule that all torts end when someone
dies; so if either the P or D had died, the tort case ended. State legislatures had already
enacted new laws to cover wrongful death, but maritime law had not been changed yet.
Procedural History— Supreme Court granted cert. because they wanted to review the precedent
case The Harrisburg.
Issue Presented— Should death on the seas merit wrongful death claims? Can the court overrule
The Harrisburg to allow for recovery under maritime law?
Holding— Overrule The Harrisburg and hold that an action does lie under general maritime law
for death caused by violation of maritime duties.
Reasoning— There is no present public policy against allowing recovery for wrongful death.
And the framework is already in place so the court already had a good idea how to award
damages in wrongful death claims.
Judgment/Disposition— Court of Appeals judgment reversed and the case remanded to that court
for further proceedings.

Selders v. Armentrout
Relevant Facts— Three minor children were killed in a car wreck due to the negligence of the
Ds. The parents brought wrongful death actions and wanted to recover the loss of
comfort/consortium provided by the children, not just their potential earning capacity.
Procedural History— The trial court instructed the jury that except for medical and funeral bills,
the damages should only be the monetary contributions and services which the parents
could have expected to receive minus the cost of raising them. Ps assert that this
instruction was wrong and that recovery for companionship and society should also be
considered.
Issue Presented— The sole issue on this appeal involves the proper elements and measure of
damages in a trial action in NE for the wrongful death of a minor child.
Holding— There is no logical reason for treating an injury to the family relationship from the
wrongful death of a child more restrictively than that of a spouse. The measure of
damages for the wrongful death of a minor child should be extended to include the loss of
the society, comfort, and companionship of the child. All conflicting decisions are
overruled.
Judgment/Disposition— Judgment of trial court as to liability affirmed, but damages reversed
and remanded for trial on the issue of damages.

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