Powell v. F. J. O'Hara & Sons, Inc.

OPINION AND ORDER OF THE COURT

GIGNOUX, District Judge.

This action seeks damages arising from the “personal injuries and/or illness” and death of plaintiff’s husband, a seaman and member of the crew of defendant’s fishing vessel Robert F. O’Hara, which occurred on the high seas April 18,1973. Plaintiff seeks damages both on behalf of decedent’s estate for his conscious pain and suffering prior to death and on her own behalf for wrongful death. In her complaint filed May 12, 1975, she asserted two grounds for recovery: defendant’s alleged negligence, actionable under the Jones Act, 46 U.S.C. §…