McBride Ex Rel. I.M.S. v. Estis Well Service, L.L.C.

JAMES E. GRAVES, JR., Circuit Judge,

dissenting, joined by DENNIS, Circuit Judge.

I join Judge Higginson’s dissent in full, and fully agree with its reasoning and conclusions. I write in support and amplification of the dissent’s observation that extending the Miles pecuniary damages limitation to the injured crew members in this case compounds the error in the majority opinion.

Even under the majority’s view that Miles v. Apex Marine, 498 U.S. 19, 111 S.Ct. 317, 112 L.Ed.2d 275 (1990) is the controlling case, the majority extends Miles much too far. There are four plaintiffs in this case:…