Moragne v. States Marine Lines, Inc.

398 U.S. 375 (1970).

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Nature of the Case

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Facts

Edward Moragne, a longshoreman, was killed while working aboard the vessel Palmetto State in navigable waters within the State of Florida. Moragne (P), as his widow and representative of his estate, brought this suit in a state court against States Marine Lines, Inc., (D), the owner of the vessel, to recover damages for wrongful death and the pain and suffering experienced by the decedent prior to his death. The claims were predicated upon both negligence and the unseaworthiness of the vessel. D removed the case to the Federal District Court for the Middle District of Florida on the basis of diversity of citizenship, see 28 U.S.C. §§ 1332, 1441, and there filed a third-party complaint against respondent Gulf Florida Terminal Company, the decedent's employer, asserting that Gulf had contracted to perform stevedoring services on the vessel in a workmanlike manner and that any negligence or unseaworthiness causing the accident resulted from Gulf's operations. D and Gulf sought dismissal of the portion of P's complaint that requested damages for wrongful death on the basis of unseaworthiness. They contended that maritime law provided no recovery for wrongful death within a State's territorial waters and that the statutory right of action for death under Florida law, Fla. Stat. § 768.01 (1965), did not encompass unseaworthiness as a basis of liability. The District Court dismissed that portion of the complaint. The Court of Appeals certified the question to the Florida Supreme Court the question whether the state wrongful-death statute allowed recovery for unseaworthiness as that concept is understood in maritime law. The state court answered this question in the negative. The Court of Appeals, that court affirmed the District Court's order. The Supreme Court granted certiorari.