Moragne v. States Marine Lines
Petsonella Moragne, as Personal Representative of the Estate of Edward Moragne, Sr., Deceased and Petsonella Moragne, Individually v. States Marine Lines, Inc.
Subsequent history: rev'd, Moragne v. States Marine Lines, Inc., 398 U.S. 375 (1970). (read from the later opinion; check before relying)
Opinion
409 F.2d 32
Petsonella MORAGNE, as personal representative of the Estate of Edward Moragne, Sr., Deceased and Petsonella Moragne, Individually, Appellants, v. STATES MARINE LINES, INC., et al., Appellees.
No. 24198.
United States Court of Appeals Fifth Circuit.
April 1, 1969.
C. J. Hardee, Jr., Tampa, Fla., for appellants.
David C. G. Kerr, Dewey R. Villareal, Jr., William Terrell Hodges, John W. Boult, Tampa, Fla., for appellees.
Before WISDOM, THORNBERRY and GOLDBERG, Circuit Judges.
PER CURIAM:
1
On August 11, 1967, this Court entered its certificate certifying to the Supreme Court of Florida the following stipulated question:
2
'Does the Florida Death by Wrongful Act Statute give rise to a cause of action under principles of the maritime law of unseaworthiness for the wrongful death of a longshoreman caused by the unseaworthiness of a vessel on the navigable waters of the State of Florida?' 3
The Supreme Court of Florida in Moragne v. State Marine Lines, 1968, 211 So.2d 161 , in answer to the question, stated:
4
'For the reasons stated, the answer to the question certified must be in the negative.' 5
No useful purpose will be served by additional review of pertinent authority upon the issue of law presented in this appeal. It is sufficient to say that in The Tungus v. Skovgaard, 1959, 358 U.S. 588 , 79 S.Ct. 503 , 3 L.Ed.2d 524 , the United States Supreme Court held that the question whether a State Wrongful Death Act encompasses a cause of action for unseaworthiness is a question to be decided by the courts of that state.
6
Since the Florida Supreme Court has determined that the Florida Wrongful Death Statute does not encompass a cause of action for unseaworthiness, the judgment is affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 5 cases
View all citing references →Relies on it most ⓘ
- Weeks v. Alonzo Cothron, Inc.
- Evelyn Weeks, Surviving Spouses of Norman Lee Weeks, Sr., Deceased v. Alonzo Cothron, Inc., Alonzo Cothron, S
- Lehman Brothers v. Schein
- Arla Bodden v. American Offshore, Inc., American Operators, Inc., and Zodiac Workboats, S. A.
- Harold Ageloff and Carol M. Ageloff, as Personal Representatives of the Estate of Scott Alan Ageloff, Deceased v. Delta Airlines Inc.
Most recent
- Harold Ageloff and Carol M. Ageloff, as Personal Representatives of the Estate of Scott Alan Ageloff, Deceased v. Delta Airlines Inc.
- Arla Bodden v. American Offshore, Inc., American Operators, Inc., and Zodiac Workboats, S. A.
- Evelyn Weeks, Surviving Spouses of Norman Lee Weeks, Sr., Deceased v. Alonzo Cothron, Inc., Alonzo Cothron, S
- Lehman Brothers v. Schein
- Weeks v. Alonzo Cothron, Inc.
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.