Moragne v. States Marine Lines, Inc., 24198.
| Decision Date | 01 April 1969 |
| Docket Number | No. 24198.,24198. |
| Citation | 409 F.2d 32 |
| Parties | 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. |
| Court | U.S. Court of Appeals — Fifth Circuit |
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.
On August 11, 1967, this Court entered its certificate certifying to the Supreme Court of Florida the following stipulated question:
"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?"
The Supreme Court of Florida in Moragne v. State Marine Lines, 1968, 211 So.2d 161, in answer to the question, stated:
"For the reasons stated, the answer to the question certified must be in the negative."
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.
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.
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Moragne v. States Marine Lines, Inc
...petitioner's argument that she was entitled to reversal under federal maritime law without regard to the scope of the state statute. 409 F.2d 32 (1969). The court stated that its disposition was compelled by our decision in The Tungus. We granted certiorari, 396 U.S. 900, 90 S.Ct. 212, 24 L......
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McClintock, In re
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Ageloff v. Delta Airlines Inc.
...F.2d 828 (CA5 1970); Gaston v. Pittman, 413 F.2d 1031 (CA5 1969); Martinez v. Rodriguez, 410 F.2d 729 (CA5 1969); Moragne v. States Marine Lines, Inc., 409 F.2d 32 (CA5 1969); revd on other grounds, 398 U.S. 375, 90 S.Ct. 1772, 26 L.Ed.2d 339 (1970); Hopkins v. Lockheed Aircraft Corp., 394 ......
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Bodden v. American Offshore, Inc.
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