Legal Opinion

In Re the Complaint of Cozy Cove Marina, Inc.

District Court, E.D. North Carolina

Decided November 5, 2007No. 5:06-mj-00123Published

1Opinion of the Court

ORDER

JAMES C. DEVER, III, District Judge.

Third-party defendant Carolina Classic Boats, Inc. (“CCB”) filed a motion for partial summary judgment against the estate of Samuel Puleo (“Puleo Estate”). CCB also filed a motion in limine seeking to exclude from discovery and evidence a Coast Guard accident report (“Report”). Because the Puleo Estate expressly premises its claim on the Jones Act, 46 U.S.C.A. § 30104, and because the Jones Act limits recovery to pecuniary losses, CCB’s unopposed motion for partial summary judgment limiting the Puleo Estate to recovery of pecuniary losses is granted.…

2Cases cited7 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
  5. Neal v. Barisich, Inc.District Court, E.D. Louisiana · 1989

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