Legal Opinion

Gvirtsman v. Western King Co.

District Court, C.D. California

Decided February 9, 1967No. 66-1468-IHPublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

IRVING HILL, District Judge.

Plaintiff is the administratrix of the estate of a seaman who died as a result of injuries suffered aboard ship on the high seas. By pre-trial motions, Defendant has raised for decision the following questions:

1. Where a seaman has been killed as a result of a shipboard accident on the high seas, may his personal representative file an action based in one count on the Jones Act (46 U.S.C. § 688) and in another count on the Death On The High Seas Act (46 U.S.C. § 761 et seq.), or is the Jones Act the exclusive remedy in such a situation?…

2Cases cited3 opinions

  1. Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
  2. Fitzgerald v. United States Lines Co.Supreme Court of the United States · 1963
  3. Jeanne Doyle, Administratrix of the Estate of Samuel Nathaniel Doyle, Libelant-Appellee v. Albatross Tanker Corp. And Overseas Navigation Corp.Court of Appeals for the Second Circuit · 1966

3Cited by8 opinions

  1. Edward J. Romero v. Bethlehem Steel Corporation, Trident Maritime Agency, Ltd.Court of Appeals for the Fifth Circuit · 1975
  2. Red Star Towing & Transportation Co. v. Ming GiantDistrict Court, S.D. New York · 1983
  3. Higginbotham v. Mobil Oil CorporationDistrict Court, W.D. Louisiana · 1973
  4. Rosalie Laura Peace, Administratrix of the Estate of Thomas Malcolm Peace, Deceased v. Fidalgo Island Packing Company and George JohnsonCourt of Appeals for the Ninth Circuit · 1969
  5. Doughty v. Nebel Towing Co.District Court, E.D. Louisiana · 1967

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