Legal Opinion

Breland v. Western Oceanic, Inc.

District Court, W.D. Louisiana

Decided January 5, 1991No. Civ. A. 89-1578-OPublishedCited by 16 opinions

1Opinion of the Court

RULING

NAUMAN S. SCOTT, District Judge.

Before the court is defendant Western Oceanic, Inc.’s (Western) Motion to Strike the claims for loss of consortium and loss of society. For the following reasons we grant the motion which we deem to lie under Fed.R.Civ.P. 12(b)(6).

Plaintiff Darryll Breland alleges he was a seaman while in the employment of Western when he was injured while aboard his assigned vessel. He sued Western under the Jones Act and general maritime law, alleging unseaworthiness. The plaintiff’s wife and children asserted claims for loss of consortium and loss of society. 1 Western…

2Cases cited7 opinions

  1. Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
  2. Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
  3. American Export Lines, Inc. v. AlvezSupreme Court of the United States · 1980
  4. Skidmore v. GrueningerCourt of Appeals for the Fifth Circuit · 1975
  5. Vilma Tablas Cruz v. Hendy International Co., and Mutual Life Insurance Company of New YorkCourt of Appeals for the Fifth Circuit · 1981

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Penrod Drilling Corp. v. WilliamsTexas Supreme Court · 1993
  2. Leroy Michel, Jr. And Cindy Michel, Cross-Appellants v. Total Transportation, Inc. And Assuranceforeningen Gard, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1992
  3. Murray v. Bertucci Construction CompanyCourt of Appeals for the Fifth Circuit · 1992
  4. Murray v. Anthony J. Bertucci Construction Co.Court of Appeals for the Fifth Circuit · 1992
  5. Rebstock v. Sonat Offshore DrillingDistrict Court, E.D. Louisiana · 1991

11 more not listed; retrieve them via the Exa API.

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