Baptiste v. Superior Court

HANSON (Thaxton), J.

I respectfully dissent for the reasons stated in the majority opinion.

In my opinion the ball game is over and the petition should be denied once the majority opinion correctly concluded, as it did, (1) that while litigants may elect to pursue recovery pursuant to the Jones Act (46 U.S.C. § 688) and under the general maritime law doctrine of unseaworthiness in state courts, as distinguished from federal courts (probably for some perceived procedural reasons), “The prevailing rule is *105that, regardless of the forum, federal [maritime] substantive law applies” (original…