Samuel v. Stevedoring Services of America

Opinion

TURNER, P. J.

I. Introduction

Defendant, Stevedoring Services of America, purports to appeal from the denial of a motion to dismiss in the nature of a request for judgment on the pleadings. We agree with plaintiffs that the order under review is not subject to review on direct appeal prior to trial. Accordingly, the appeal is dismissed.

II. Procedural Background

Plaintiffs, survivors of United States Navy Chief Petty Officer James Samuel, filed suit for wrongful death. Defendant filed a motion to dismiss premised on its contention it was immune from suit. Defendant argued that it was…