In re the Complaint of Nobles

842 F. Supp. 1430, 1993 WL 556444
CourtDistrict Court, N.D. Florida
DecidedAugust 9, 1993
DocketNo. PCA 92-30088-MMP
StatusPublished
Cited by6 cases

This text of 842 F. Supp. 1430 (In re the Complaint of Nobles) is published on Counsel Stack Legal Research, covering District Court, N.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Complaint of Nobles, 842 F. Supp. 1430, 1993 WL 556444 (N.D. Fla. 1993).

Opinion

ORDER

PAUL, Chief Judge.

This cause is before the Court on numerous motions. After a brief recitation of salient facts and procedural history, this Court will address each motion in turn.

FACTS

On July 28,1991, Billy Nobles was operating a pleasure boat1 owned by his parents, Sally2 and W.D. Nobles III. While three persons in addition to Billy Nobles were occupants in the vessel and one other was being towed as a skier, the vessel struck a boat house. Casey Crongeyer, one of the occupants of the boat, died as a result of this accident; the other occupants were injured. The person being towed as a skier apparently3 escaped serious injury. The boat house which the boat struck and a private craft being housed therein were both damaged.

PROCEDURAL HISTORY

On February 24, 1992, Sally and W.D. Nobles III, along with the Cincinnati Insurance Company, filed with this Court a complaint for limitation of liability pursuant to 46 U.S.C.App. § 183, et seq. (Act). This Court accordingly ordered that a notice to claimants be published. See doe. 16 and attachments thereto. Mary Ann and Robert L. Crongeyer filed a claim with this Court January 25, 1993, on their own behalf and as natural parents and personal representatives of the estate of Casey Crongeyer. No other parties have filed claims, and the time for so doing has expired.

DISCUSSION

(1) Motion to Drop a Party (doc. 19)

Ás noted above, Sally and W.D. Nobles III, along with the Cincinnati Insurance Company (CIC), have filed with this Court a complaint for limitation of liability. Claimants assert by way of this motion that CIC lacks standing to be party to this action, and, accordingly, must be dropped from the complaint. Plaintiffs contest this assertion, and have filed a response in opposition. See doc. 21. In that response, plaintiffs seek to main[1433]*1433tain CIC as a party to this litigation, and to strike the affirmative defense which seeks to exempt CIC from any limitation of liability in this action. Id.

Though sometimes a beneficiary of an action for limitation of liability, “liability underwriters are not entitled to ‘limitation of liability’ as that phrase is used as a term of art in admiralty.” Maryland Casualty Co. v. Cushing, 347 U.S. 409, 421, 74 S.Ct. 608, 615, 98 L.Ed.806 (1954); see also Magnolia Marine Transp. Co. v. Laplace Towing Corp., 964 F.2d 1571, 1576 (5th Cir.1992) (“[T]he Act itself affords the underwriters no right of limitation.” (citations omitted)). “A maritime insurer’s right to limit its liability depends upon the terms of its contract of insurance.” Magnolia Marine Transp. Co., 964 F.2d at 1576.

Claimants’ motion to drop a party, doc. 19, is GRANTED. Plaintiffs’ motion to strike affirmative defense, doc. 21, is DENIED.

(2) Motion to Strike Portions of Claim (doe. 23)

Plaintiffs seek to strike the following paragraphs from the claim in this instance:

Paragraph 12: “As a proximate result of plaintiffs’ negligence, claimant, Mary Ann Crongeyer, has lost the support and services of her son.” Doc. 17 at 3.4
Paragraph If “As a proximate result of plaintiffs’ negligence claimant, Mary Ann Crongeyer, mother of the decedent, has suffered mental pain and suffering and will suffer such mental pain and suffering in the future for the loss of her son, Casey L. Crongeyer.” Id.
Paragraph 15: “As a proximate result of plaintiffs’ negligence claimant, Robert L. Crongeyer, father of the decedent, has suffered mental pain and suffering and will suffer such mental pain and suffering in the future for the loss of his son, Casey L. Crongeyer.” Id.
Paragraph 16: “As a proximate result of the plaintiffs’ negligence claimants have lost the estate of Casey L. Crongeyer accumulated reasonably from his continued life.” Id. at 3-4.

Doe. 22 at 5.

Plaintiffs argue that general maritime law governs" this cause, and renders all of the above-listed damage claims unrecoverable. Claimants assert that Florida’s wrongful death statute and general maritime law allow recovery of the above-listed damages.

Claimants bring this cause in their individual capacities based on the alleged wrongful death of their son, and in their capacities as his estate’s personal representative for claims sounding in survivorship. See Sea-Land Servs., Inc. v. Gaudet, 414 U.S. 573, 575 n. 2, 94 S.Ct. 806, 810 n. 2, 39 L.Ed.2d 9 (1974) (explaining the difference between claims sounding in wrongful death and those sounding in survivorship). In Moragne v. States Marine Lines, Incorporated, the Supreme Court held that general maritime law covers causes of action for wrongful death if that death is caused by an alleged violation of maritime duties. 398 U.S. 375, 408, 90 S.Ct. 1772, 1792, 26 L.Ed.2d 339 (1970). This ruling has been expanded, and claims of survivorship are now also treated under the general maritime law. Roberson v. N.V. Stoomvaart Maatschappij, 507 F.2d 994, 995 (5th Cir.1975).5 General maritime law, then, governs all claims brought in this case.6

[1434]*1434“[U]nder the maritime -wrongful-death remedy, the decedent’s dependents may recover damages for their loss of support, services, and society, as well as funeral expenses.” Gaudet, 414 U.S. at 584, 94 S.Ct. at 814. Parents, however, may not recover for the support and services of a child absent a showing of actual financial dependence on that child. See Lipworth v. Kawasaki Motors Corp., 592 So.2d 1151, 1152 (Fla. 4th DCA), cert. denied, — U.S.-, 113 S.Ct. 465, 121 L.Ed.2d 373 (1992).

Claimants admit that they may not.be able to show actual financial dependence on their deceased son, and may not be able to claim damages for lost support and services. Doc. 27 at 1-2. It is too early in this case to conclude that claimants can not show this dependence as a matter of fact.7 The issue of actual financial dependence and the underlying claim will be better addressed in the context of a motion for summary judgment. The motion to strike the damage claims for loss of society,8 support, services, and funeral expenses—that is, paragraphs eleven and twelve—must be DENIED.9

“[Damages for mjental anguish and grief ... [are] not compensable under the maritime wrongfuldeath remedy.” Gaudet, 414 U.S. at 585 n. 17, 94 S.Ct. at 815 n. 17. The motion to strike paragraphs fourteen and fifteen inasmuch as those paragraphs claim damages for mental anguish and grief must be GRANTED.10

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Cite This Page — Counsel Stack

Bluebook (online)
842 F. Supp. 1430, 1993 WL 556444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-complaint-of-nobles-flnd-1993.