Evich v. Morris

EUGENE A. WRIGHT, Circuit Judge:

In this appeal we are asked to determine whether a general federal maritime survival action preempts state law, and what damages are recoverable in the federal action. We conclude that state law is preempted and that future economic loss, punitive damages, and prejudgment interest may be recovered.

I

This appeal follows previous remands in which we joined other circuits in recognizing a general federal maritime survival action. Berg v. Chevron, U.S.A., Inc., 759 F.2d 1425 (9th Cir.1985); Evich v. Connelly, 759 F.2d 1432 (9th Cir.1985). The remand in Evich…