Legal Opinion
Sawczyk v. United States Coast Guard
District Court, W.D. New York
Decided October 15, 1980No. Civ-78-428, Civ.-78-435PublishedCited by 17 opinions
1Opinion of the Court
CURTIN, Chief Judge.
The complaints in these two actions were filed on July 26, 1978. The plaintiffs seek to recover damages for the drowning deaths of plaintiffs’ decedents which occurred as the result of the capsizing of a rubber raft in the lower Niagara River on August 29, 1975. Liability is predicated against the United States Coast Guard under the Federal Tort Claims Act [“FTCA”]. 28 U.S.C. § 1346(b).
The defendant has made a motion to dismiss the complaints. The government contends that plaintiffs’ exclusive remedy for their claims lies in admiralty jurisdiction, under the Suits in…
2Cases cited13 opinions
- Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
- The Daniel BallSupreme Court of the United States · 1871
- United States v. Appalachian Electric Power Co.Supreme Court of the United States · 1941
- United States v. Holt State BankSupreme Court of the United States · 1926
- The MontelloSupreme Court of the United States · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Beverly A. Finneseth, Administratrix of the Estate of Norris L. Finneseth, Deceased and of the Estate of Paul A. Finneseth, Deceased v. Charles CarterCourt of Appeals for the Sixth Circuit · 1983
- Adirondack League Club, Inc. v. Sierra ClubNew York Court of Appeals · 1998
- Harrington v. United StatesDistrict Court, D. Puerto Rico · 1990
- Hurd v. United StatesDistrict Court, D. South Carolina · 2001
- Consolidated Hydro, Inc. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1992
12 more not listed; retrieve them via the Exa API.