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Torts Ch. 11 pgs 586-600 10/27/2010

1. Wrongful DeathMoragne 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 decedentprior 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 Harrisburgto allow for recovery under maritime law?

HoldingOverrule The Harrisburgand 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.

HoldingThere is no logical reason for treating an injury to the family relationship from thewrongful 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 reversedand remanded for trial on the issue of damages.