Legal Opinion
Touhey v. Carnivale Cruise Lines
California Court of Appeal
Decided November 10, 1980No. Civ. 58385PublishedCited by 4 opinions
1Opinion of the Court
Opinion
ASHBY, J.
Elita M. Touhey, individually and as guardian ad litem for Michael Richard Touhey, a minor, David Steven Touhey, Donald Patrick Touhey, and John Kevin Touhey (appellants), filed a wrongful death action against defendants (respondents). The trial court dismissed the wrongful death action on the ground that the federal courts had exclusive jurisdiction under the Death on the High Seas Act. (46 U.S.C. § 761.)
In their complaints appellants allege that on June 24, 1976, John A. Touhey, the decedent, was injured while on board respondents’ cruise ship and that such injury was the…
2Cases cited5 opinions
- Mobil Oil Corp. v. HigginbothamSupreme Court of the United States · 1978
- Charles A. Chapman, Libelant-Appellant v. City of Grosse Pointe Farms, a Michigan Municipal CorporationCourt of Appeals for the Sixth Circuit · 1967
- Lacey v. L. W. Wiggins Airways, Inc.District Court, D. Massachusetts · 1951
- Lavello v. DankoDistrict Court, S.D. New York · 1959
- Cairl v. Boeing Co.California Court of Appeal · 1974
3Cited by4 opinions
- Bergen v. F/V St. PatrickCourt of Appeals for the Ninth Circuit · 1987
- Bergen v. St. PatrickCourt of Appeals for the Ninth Circuit · 1987
- Chromy v. LawranceCalifornia Court of Appeal · 1991
- Bailey v. Carnival Cruise Lines, Inc.District Court of Appeal of Florida · 1984