Legal Opinion

Gibson v. American Export Isbrandtsen Lines, Inc.

New York Supreme Court

Decided May 31, 1988Published

1Opinion of the Court

OPINION OF THE COURT

Stanley L. Sklar, J.

American Export Isbrandtsen Lines’ motion to dismiss the complaint of the spouse of an injured seaman for failure to state a cause of action is denied. The United States Supreme Court’s recognition of the existence of a loss of consortium claim of the spouse of a seaman injured in State territorial waters applies retroactively.

the facts

On February 1, 1970, John Gibson, the seaman-husband of plaintiff Anna Gibson, allegedly suffered a heart attack while *34working as a "relief and/or night” engineer aboard the vessel Seawitch while it was docked at pier 13…

2Cases cited11 opinions

  1. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  2. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  3. Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
  4. The HarrisburgSupreme Court of the United States · 1886
  5. Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974

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