Foremost Insurance Company v. Richardson

Citation457 U.S. 668,102 S.Ct. 2654,73 L.Ed.2d 300
Decision Date23 June 1982
Docket NumberNo. 80-2134,80-2134
PartiesFOREMOST INSURANCE COMPANY et al., Petitioners, v. Pansy F. RICHARDSON et al
CourtUnited States Supreme Court
Syllabus

An action to recover for the death of an occupant of a pleasure boat resulting from a collision with another pleasure boat on a river in Louisiana was instituted in Federal District Court on the asserted basis of admiralty jurisdiction under 28 U.S.C. § 1333(1). The court dismissed the complaint, holding that there must be some relationship with traditional maritime activity for an injury sustained on navigable water to fall within federal admiralty jurisdiction, and that commercial maritime activity (not present here) is necessary to satisfy this relationship. The Court of Appeals reversed.

Held: In light of the need for uniform rules governing navigation, the potential impact on maritime commerce when two vessels collide on navigable waters, and the uncertainty and confusion that would necessarily accompany a jurisdictional test tied to the commercial use of a given boat, a complaint alleging a collision between two vessels—including pleasure boats—on navigable waters properly states a claim within the admiralty jurisdiction of the federal courts. The holding in Executive Jet Aviation, Inc. v. City of Cleveland, 409 U.S. 249, 93 S.Ct. 493, 34 L.Ed.2d 454, that claims arising from airplane accidents, although occurring in a maritime locality, are cognizable in admiralty only when the wrong bears a significant relationship to traditional maritime activity also applies to determinations of federal admiralty jurisdiction outside the context of aviation torts. However, there is no requirement that the maritime activity be an exclusively commercial one. The federal interest in protecting maritime commerce can be fully vindicated only if all operators of vessels on navigable waters—not just individuals actually engaged in commercial maritime activity—are subject to uniform rules of conduct. This interpretation is consistent with congressional activity as to legislation governing "vessels" without regard to whether they engage in commercial activity. Pp. 672-677.

641 F.2d 314, affirmed.

Arthur H. Andrews, Baton Rouge, La., for petitioners.

Dorsey C. Martin, III, Baton Rouge, for respondents.

Justice MARSHALL delivered the opinion of the Court.

The issue presented in this case is whether the collision of two pleasure boats on navigable waters falls within the admiralty jurisdiction of the federal courts. See 28 U.S.C. § 1333. We granted certiorari to resolve the confusion in the lower courts respecting the impact of Executive Jet Aviation, Inc. v. City of Cleveland, 409 U.S. 249, 93 S.Ct. 493, 34 L.Ed.2d 454 (1972), on traditional rules for determining federal admiralty jurisdiction. 454 U.S. 813, 102 S.Ct. 88, 70 L.Ed.2d 81 (1981). The United States Court of Appeals for the Fifth Circuit held that an accident between two vessels in navigable waters bears a sufficient relationship to traditional maritime activity to fall within federal admiralty jurisdiction. We affirm.

I

Two pleasure boats collided on the Amite River in Louisiana, resulting in the death of Clyde Richardson. The wife and children of the decedent brought this action in the United States District Court for the Middle District of Louisiana, alleging, inter alia, that petitioner Shirley Eliser had negligently operated the boat that collided with the vessel occupied by the decedent.1 Respondents also named petitioner Foremost Insurance Co., Eliser's insurer, as a defendant. Jurisdiction was claimed under 28 U.S.C. § 1333(1), which gives federal district courts exclusive jurisdiction over "[a]ny civil case of admiralty or maritime jurisdiction." Petitioners moved to dismiss, arguing that the complaint did not state a cause of action within the admiralty or maritime jurisdiction of the District Court.

In ruling on petitioners' motion, the District Court found the following facts to be undisputed: 2

"(1) One boat was used for pleasure boating, such as boat riding and water skiing, and at the time of the accident the boat was actually pulling a skier on a zip sled;

"(2) The other boat was used exclusively for pleasure fishing and was described as a bass boat;

"(3) Neither boat had ever been used in any 'commercial maritime activity' before the accident;

"(4) At the time of the accident neither boat was involved in any 'commercial maritime activity' of any sort;

"(5) Neither of the two drivers of the boat were being paid to operate the boat nor was this activity in any way a part of their regular type of employment;

"(6) None of the passengers on either boat were engaged in any kind of 'traditional maritime activity' either before or at the time of the accident;

"(7) Neither of the boats involved were under hire in any traditional maritime form;

"(8) There is no evidence to indicate that any 'commercial activity', even in the broadest admiralty sense, had ever been previously engaged in by either of the boats in question, and in fact the two boats would have to be classified as 'purely pleasure craft', not in any way 'involved in commerce', and,

"(9) There was no other instrumentality involved in this accident that had even a minor relationship to 'admiralty' or 'commerce', i.e. a buoy, barge, oil drilling apparatus, etc." 470 F.Supp. 699, 700 (1979).

After reviewing decisions of this Court and the Fifth Circuit, as well as relevant commentary, the District Court found that there must be some relationship with traditional maritime activity for an injury sustained on navigable water to fall within federal admiralty jurisdiction. The District Court held that commercial maritime activity is necessary to satisfy this relationship, and granted petitioners' motion to dismiss the complaint for lack of subject-matter jurisdiction because the collision of these two pleasure boats did not involve any commercial activity.

The Court of Appeals reversed. 641 F.2d 314 (1981). The Court of Appeals agreed that Executive Jet, supra, and relevant Fifth Circuit decisions establish that "admiralty jurisdiction requires more than the occurrence of the tort on navigable waters that additionally there must be a significant relationship between the wrong and traditional maritime activity." 641 F.2d, at 315. It disagreed with the District Court, however, on the application of this principle to the undisputed facts of this case. Relying on the fact that the "Rules of the Road" govern all boats on navigable waters, and on the uncertainty that would accompany a finding of no admiralty jurisdiction in this case, the Court of Appeals held that "two boats, regardless of their intended use, purpose, size, and activity, are engaged in traditional maritime activity when a collision between them occurs on navigable waters." Id., at 316.3

II

Prior to our opinion in Executive Jet, there was little question that a complaint such as the one filed here stated a cause of action within federal admiralty jurisdiction. Indeed, the Executive Jet Court begins its opinion by observing that, under the traditional rule of admiralty jurisdiction, "[i]f the wrong occurred on navigable waters, the action is within admiralty jurisdiction." 409 U.S., at 253, 93 S.Ct., at 497 (citing Thomas v. Lane, 23 F.Cas. 957, 960 (No. 13,902) (CC Me.1813) (Story, J., on Circuit). See also The Plymouth, 3 Wall. 20, 36, 18 L.Ed. 125 (1866) ("Every species of tort, however occurring, and whether on board a vessel or not, if upon the high seas or navigable waters, is of admiralty cognizance"). Under this rule, an action arising out of a collision between two pleasure boats on navigable waters clearly falls within the admiralty jurisdiction of the district courts. When presented with this precise situation in the past, this Court has found it unnecessary even to discuss whether the district court's admiralty jurisdiction had been properly invoked, instead assuming the propriety of such jurisdiction merely because the accident occurred on navigable waters. Levinson v. Deupree, 345 U.S. 648, 651, 73 S.Ct. 914, 916, 97 L.Ed. 1319 (1953). See also Just v. Chambers, 312 U.S. 383, 61 S.Ct. 687, 85 L.Ed. 903 (1941) (injury to guest from carbon monoxide poisoning in the cabin of a pleasure boat). Cf. Coryell v. Phipps, 317 U.S. 406, 63 S.Ct. 291, 87 L.Ed. 363 (1943). In light of these decisions, we address here only the narrow question whether Executive Jet disapproved these earlier decisions sub silentio.

In Executive Jet, this Court held that a suit for property damage to a jet aircraft that struck a flock of sea gulls upon takeoff and sank in the navigable waters of Lake Erie did not state a claim within the admiralty jurisdiction of the district courts. In reaching this conclusion, the Court observed that the mechanical application of the locality rule as the sole test for determining whether there is admiralty jurisdiction had been widely criticized by commentators, and that the federal courts and Congress had been compelled to make exceptions to this approach in the interests of justice in order to include certain torts with no maritime locality. The Court determined that claims arising from airplane accidents are cognizable in admiralty only when the wrong bears a significant relationship to traditional maritime activity. 409 U.S., at 268, 93 S.Ct., at 504. Given the realities of modern-day air travel, the Executive Jet Court held that, "in the absence of legislation to the contrary, there is no federal admiralty jurisdiction over aviation tort claims arising from flights by land-based aircraft between points within the continental United States." Id., at 274, 93 S.Ct., at 507.

The express holding of Executive Jet is carefully limited to the particular facts of that case. However, the thorough discussion of the theoretical and practical problems...

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