Legal Opinion

Rafferman v. Carnival Cruise Lines, Inc.

District Court of Appeal of Florida

Decided August 30, 1995No. 94-1788PublishedCited by 10 opinions

1Opinion of the Court

SCHWARTZ, Chief Judge.

Gaston Letelier, a helmsman on the cruise-ship Carnivale, committed suicide by jumping overboard. His widow brought a wrongful death action under the Jones Act and the general maritime law against the shipowner, Carnival Cruise Lines, based on the claim that it failed to exercise reasonable care to prevent the suicide. This appeal is from a summary judgment entered for the shipowner on the stated ground that the suicide was not foreseeable as a matter of law. We affirm.

The plaintiffs claim is based on an alleged breach of the duty a shipowner owes a seaman to take…

2Cases cited14 opinions

  1. Johnny C. Colburn, Cross-Appellant v. Bunge Towing, Inc., and M/v Terry K, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1989
  2. Potomac News Co. v. United StatesSupreme Court of the United States · 1967
  3. Edward T. Dempsey v. Mac Towing, Inc., Edward T. Dempsey v. Lone Star Industries, Inc.Court of Appeals for the Eleventh Circuit · 1989
  4. Estate of Walter Larkins, Deceased, by His Administratrix, Mabel Larkins v. Farrell Lines, IncorporatedCourt of Appeals for the Fourth Circuit · 1986
  5. Page v. StaleyDistrict Court of Appeal of Florida · 1969

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3Cited by10 opinions

  1. Wyke v. Polk County School BoardCourt of Appeals for the Eleventh Circuit · 1997
  2. Cheri Surloff, as Personal Representative of the Estate of Dr. Arthur B. Surloff, etc. v. Regions Bank and Mark K. AndersonDistrict Court of Appeal of Florida · 2015
  3. Kelley v. Beverly Hills Club ApartmentsDistrict Court of Appeal of Florida · 2011
  4. Holderbaum v. Itco Holding Co., Inc.District Court of Appeal of Florida · 2000
  5. Carol Wyke, Individually and as Personal Representative of the Estate of Shawn David Wyke, a Minor Deceased v. Polk County School Board, Max Linton, Individually and as Principal of McLaughlin Junior High School of Polk County, and James Butler, Individually and as Vice-Principal of McLaughlin Junior High School of Polk County, Carol Wyke, Individually and as Personal Representative of the Estate of Shawn David Wyke, a Minor Deceased v. Polk County School Board, Max Linton, Individually and as Principal of McLaughlin Junior High School of Polk County, and James Butler, Individually and as Vice-Principal of McLaughlin Junior High School of Polk CountyCourt of Appeals for the Eleventh Circuit · 1997

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