Legal Opinion
Sacks v. Quiros
Louisiana Court of Appeal
Decided May 30, 2001No. 01-C-326Published
1Opinion of the Court
1PATRICK M. SCHOTT, Judge, Pro Tempore.
This is a wrongful death and survival action by the parents of David Adam, Jr., who was killed in a diving accident in the Gulf of Mexico about 15 miles from the Louisiana shore. Defendants filed the dilatory exception of lack of procedural capacity, arguing that the Death on the High Seas Act (DOHSA), 46 U.S.C. 761 et seq., provided the exclusive remedy for damages, authorized recovery of pecuniary damages only, and provided that the personal representative of the decedent alone could maintain the suit. The trial court overruled the exception. We grant…
2Cases cited5 opinions
- Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
- Offshore Logistics, Inc. v. TallentireSupreme Court of the United States · 1986
- Dooley v. Korean Air Lines Co.Supreme Court of the United States · 1998
- Motts v. M/V Green WaveCourt of Appeals for the Fifth Circuit · 2000
- Palischak v. Allied Signal Aerospace Co.District Court, D. New Jersey · 1995