Sistrunk v. Circle Bar Drilling Co.

770 F.2d 455, 1986 A.M.C. 2286
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 9, 1985
DocketNo. 84-3671
StatusPublished
Cited by45 cases

This text of 770 F.2d 455 (Sistrunk v. Circle Bar Drilling Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sistrunk v. Circle Bar Drilling Co., 770 F.2d 455, 1986 A.M.C. 2286 (5th Cir. 1985).

Opinion

REAVLEY, Circuit Judge:

The sole question presented in this appeal is whether parents of seamen can recover nonpecuniary damages in a cause of action under general maritime law for wrongful death where the seamen were killed in territorial waters and were survived by spouses and/or children. The district court held that the parents could recover. We reverse.

I.

On August 8, 1980, Circle Bar Rig No. 8, a drilling vessel owned by Circle Bar Drilling Co., capsized in the territorial waters of the State of Louisiana. Among the crew-members who drowned were the Sistrunk brothers, Michael Glenn and David Brian, and Clifford Rutland. Michael Sistrunk was survived by a widow, children, and his parents. David Sistrunk was survived by a widow and his parents. Clifford Rutland was survived by his widow, children, and mother.

The widows were appointed as the representatives of their deceased husbands’ estates and filed wrongful death actions under the Jones Act, 46 U.S.C. § 688 (1982), for negligence and under general maritime law for unseaworthiness. The parents joined in these actions seeking nonpecuniary damages for the loss of their sons’ society. None of the parents were financially dependent on their sons at the time of the casualty.

In denying Circle Bar’s motion for summary judgment, the district court held that the parents had a cause of action for loss of society under Moragne v. States Marine Lines, Inc., 398 U.S. 375, 90 S.Ct. 1772, 26 L.Ed.2d 339 (1970). Thereafter, all of the claims of the widows and children were settled. Judgment in favor of the parents was entered after Circle Bar and the parents stipulated that the vessel was unseaworthy and the quantum of damages.1

II.

The sole cause of action under which the parents may recover is the general maritime law cause of action for wrongful death announced in Moragne v. States Marine Lines, Inc., 398 U.S. 375, 90 S.Ct. 1772, 26 L.Ed.2d 339 (1970). Other possible causes of action do not provide a remedy for the parents. The Death on the High Seas Act (DOHSA), 46 U.S.C. §§ 761-768 (1982), does not apply to deaths occurring, as here, in territorial waters and limits recovery to pecuniary damages, 46 U.S.C. § 762 (1982). The Jones Act, 46 U.S.C. § 688 (1982), is not available, because parents can recover only when the seaman is not survived by a spouse or children, 45 U.S.C. § 51 (1982). Finally, the Louisiana wrongful death statute, La.Civ.Code Ann. art. 2315 (West Supp.1985), is supplanted in [457]*457maritime wrongful deaths by the general maritime cause of action for wrongful death created in Moragne. Matter of S/S Helena, 529 F.2d 744, 753 (5th Cir.1976).

Because the parents’ remedy is exclusively under Moragne, we begin with a discussion of that case. In The Harrisburg, 119 U.S. 199, 7 S.Ct. 140, 30 L.Ed. 358 (1866), the Supreme Court held that general maritime law did not provide a cause of action for wrongful death. As a result, there was no remedy for death on the high seas caused by the breach of a maritime duty. If the death occurred in territorial waters, federal law allowed the survivors to recover under the adjacent state’s wrongful death statute. Moragne, 398 U.S. at 393, 90 S.Ct. at 1784, 26 L.Ed.2d at 352. In an effort to provide seamen with a greater range of remedies, Congress in 1920 enacted DOHSA, ch. 111, §§ 1-8, 41 Stat. 537 (codified as amended at 46 U.S.C. §§ 761-768 (1982)), and the Jones Act, ch. 250, § 33, 41 Stat. 1007 (codified as amended at 46 U.S.C. § 688 (1982)). DOHSA, 46 U.S.C. § 761 (1982), creates a maritime cause of action for wrongful death on the high seas, and the Jones Act, 46 U.S.C. § 688 (1982), provides a remedy at law against seamen’s employers for seamen injured or killed through the negligence of the employer. In 1964, the Supreme Court held that survivors of seamen killed in territorial waters could sue the deceased seamen’s employers only under the Jones Act, to the exclusion of state wrongful death statutes and claims based on unseaworthiness. Gillespie v. United States Steel Corp., 379 U.S. 148, 85 S.Ct. 308, 13 L.Ed.2d 199 (1964).

By 1970, under this tripartite statutory scheme, the proper remedy was dependent on the conjuncture of numerous factors: whether the injury occurred on the high seas or in territorial waters; whether the injured person was a seaman; whether the person survived or died from his injury; and whether the adjacent state’s wrongful death statute provided a remedy. If an injury on the high seas resulted in the death of any person, DOHSA, 46 U.S.C. §§ 761-762 (1982), provided that certain named survivors could bring an action in admiralty, with its accompanying bases of liability, to recover pecuniary losses. If an injury occurred in the territorial waters, recovery depended on who was injured. If a seaman were injured, recovery depended in turn on whether the seaman survived. If the seaman survived, he could sue his employer in a court of law for negligence under the Jones Act, 46 U.S.C. § 688 (1982), or in admiralty court for unseaworthiness, see McAllister v. Magnolia Petroleum Co., 357 U.S. 221, 222, 78 S.Ct. 1201, 1203, 2 L.Ed.2d 1272 (1958). If the seaman died from his injuries, the surviv- or’s sole claim was for negligence under the Jones Act. Gillespie, 379 U.S. at 154-55, 85 S.Ct. at 312, 13 L.Ed.2d at 204. If a nonseaman were injured in a state’s territorial water, he could recover for negligence. Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625, 79 S.Ct. 406, 3 L.Ed.2d 550 (1959). If he died from his injuries, the nonseaman’s survivors could recover for negligence or unseaworthiness provided that the state wrongful death statute allowed recovery on such theories of liability. The Tungus v. Skovgaard,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Offshore Transport Services, L.L.C.
409 F. Supp. 2d 753 (E.D. Louisiana, 2005)
Dunham v. EXPRO AMERICAS, INC.
423 F. Supp. 2d 664 (S.D. Texas, 2003)
Kelly v. Bass Enterprises Production Co.
17 F. Supp. 2d 591 (E.D. Louisiana, 1998)
Zicherman v. Korean Air Lines Co., Ltd.
43 F.3d 18 (Second Circuit, 1994)
Zicherman v. Korean Air Lines Co.
43 F.3d 18 (Second Circuit, 1994)
Trident Marine, Inc. v. M/V Atticos
876 F. Supp. 832 (E.D. Louisiana, 1994)
Walker v. Braus
861 F. Supp. 527 (E.D. Louisiana, 1994)
Wahlstrom v. Kawasaki Heavy Industries
4 F.3d 1084 (Second Circuit, 1993)
Wahlstrom v. Kawasaki Heavy Industries, Ltd.
4 F.3d 1084 (Second Circuit, 1993)
General Chemical Corp. v. De La Lastra
852 S.W.2d 916 (Texas Supreme Court, 1993)
Cantore v. Blue Lagoon Water Sports, Inc.
799 F. Supp. 1151 (S.D. Florida, 1992)
Murray v. Bertucci Construction Company
958 F.2d 127 (Fifth Circuit, 1992)
Murray v. Anthony J. Bertucci Construction Co.
958 F.2d 127 (Fifth Circuit, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
770 F.2d 455, 1986 A.M.C. 2286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sistrunk-v-circle-bar-drilling-co-ca5-1985.