Madeline Curry, Etc. v. Fred Olsen Line, Etc.

DUNIWAY, Circuit Judge:

Appellant Madeline Curry, in her capacity as administratrix of the estate of her deceased husband Jack Curry, brought this wrongful death action against the appellees as owners of the S.S. BATAAN. Federal jurisdiction is predicated upon diversity of citizenship. Her complaint contained three causes of action, the first based upon appellees’ negligence, the second based upon the unseaworthiness of the vessel, and the third based upon appellees’ wilful and wanton misconduct. The court granted a motion for partial summary judgment as to the unseaworthiness count. This is…