850 F. Supp. 2d 1309
S.D. Fla.2012Background
- Decedent died after injuries from a fall aboard RCCL's Navigator of the Seas; the fall occurred in February 2011.
- The ship was in Cozumel, Mexico from 10:00 a.m. to 7:00 p.m. on February 15, 2011, and at sea thereafter.
- Plaintiff alleges RCCL staff mishandled Decedent after the fall, contributing to his subsequent hospitalization and death in March 2011.
- Plaintiff asserts a single DOHSA wrongful death claim seeking non-pecuniary damages.
- Defendant moves for partial summary judgment arguing DOHSA governs, preempts other claims, and precludes non-pecuniary damages and a jury trial.
- Court concludes DOHSA applies, damages are pecuniary only under DOHSA, and a jury trial is not available absent an independent basis for diversity or additional claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does DOHSA govern the wrongful death claim? | DOHSA applies where act occurred on or beyond 3 miles from U.S. coast. | DOHSA governs since acts occurred in/around foreign waters while ship was in Mexican territorial or international waters. | DOHSA governs Plaintiff's claim. |
| Are non-pecuniary damages recoverable under DOHSA here? | Plaintiff seeks non-pecuniary damages for wrongful death. | DOHSA limits damages to pecuniary loss only; no non-pecuniary damages. | No non-pecuniary damages under DOHSA. |
| Is a jury trial available for a DOHSA claim on these facts? | DOHSA may support a jury trial in some contexts. | DOHSA actions are traditionally bench trials; jury trial not available here absent independent basis for diversity or concurrent claims. | No jury trial; DOHSA claim resolved on a bench-trial basis. |
| Does diversity jurisdiction provide a basis for jury trial where DOHSA governs? | Diversity could permit jury trial for maritime claims. | No independent basis for diversity exists since only DOHSA claim is asserted. | Diversity basis not established; no jury trial. |
Key Cases Cited
- Sanchez v. Loffland Bros. Co., 626 F.2d 1228 (5th Cir. 1980) (DOHSA damages limited to pecuniary recovery)
- Moyer v. Reden, 645 F. Supp. 620 (S.D. Fla. 1986) (accrual based on act causing injury, not death; DOHSA scope)
- Balachander v. NCL, 800 F. Supp. 2d 1196 (S.D. Fla. 2011) (DOHSA applicability for maritime injuries)
- Dooley v. Korean Air Lines Co., 524 U.S. 116 (Supreme Court 1998) (DOHSA preemption of other wrongful death remedies)
- Offshore Logistics Inc. v. Tallentire, 477 U.S. 207 (Supreme Court 1986) (DOHSA preemption scope)
- Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd., 369 U.S. 355 (1962) (savings to suitors clause and jury rights in maritime context)
- Fitzgerald v. United States Lines Co., 374 U.S. 16 (1963) (jury trials in admiralty contexts)