980 F.3d 1350
11th Cir.2020Background:
- An F-16 flown by Matthew LaCourse (civilian former Air Force Lt. Col.) crashed >12 nautical miles offshore; he died; his widow Patricia LaCourse sued for wrongful death under Florida law.
- PAE (contractor operating under an Air Force services contract) maintained the F-16 and performed pre-flight checks; the aircraft had a months-long history of hydraulic anomalies and experienced two preflight "hiccups" on the day of the crash but was released to fly.
- LaCourse filed state-law claims (negligence, breach of warranty, breach of contract) in Florida state court; PAE removed the case to federal court invoking DOHSA and other bases.
- The district court held DOHSA applied (limiting recovery to pecuniary damages), struck LaCourse’s non-DOHSA claims and jury demand, and granted PAE summary judgment on the government-contractor defense.
- On appeal, the Eleventh Circuit reviewed (1) whether DOHSA governs despite alleged negligence occurring on land and whether a maritime nexus is required, (2) whether DOHSA preempts state wrongful-death claims, and (3) whether PAE met the Boyle/Hudgens elements for the government-contractor defense.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of DOHSA: whether the "wrongful act, neglect, or default" must occur on the high seas or whether DOHSA applies because the death occurred on high seas | LaCourse: DOHSA applies only when the negligent act occurred on the high seas (here negligence allegedly occurred on land at Tyndall AFB) | PAE: DOHSA covers deaths occurring on the high seas even if alleged negligence happened on land; removal proper | Held: DOHSA applies because Supreme Court/precedent treat death on the high seas as sufficient for DOHSA jurisdiction (Offshore Logistics, Dearborn Marine, etc.); maritime-nexus requirement not required under DOHSA |
| Maritime nexus requirement | LaCourse: Executive Jet requires a maritime nexus for admiralty jurisdiction in aviation cases | PAE: Executive Jet’s maritime-nexus rule does not displace DOHSA; DOHSA is "legislation to the contrary" and applies when death occurs on high seas | Held: Executive Jet’s nexus requirement does not limit DOHSA; Offshore Logistics controls—death on the high seas suffices without separate maritime-nexus showing |
| Preemption / exclusivity: whether state-law breach-of-warranty/contract wrongful-death claims survive | LaCourse: §30308 preserves state wrongful-death remedies and her state claims do not seek broader relief than DOHSA | PAE: Offshore Logistics and related precedent treat DOHSA as preempting state substantive wrongful-death law where it applies | Held: DOHSA provides the exclusive remedy for deaths on the high seas and preempts state wrongful-death claims; district court properly struck those claims |
| Government-contractor defense (Boyle/Hudgens second element—conformity to government specifications) | LaCourse: PAE failed to follow Air Force maintenance instructions (cites AFI/TO provisions) so Boyle/Hudgens protection shouldn't apply | PAE: Air Force provided reasonably precise procedures and PAE conformed to them; no evidence PAE withheld known dangers | Held: LaCourse failed to preserve or present sufficient evidence of nonconformity; PAE satisfied conformity element and is entitled to government-contractor defense; summary judgment for PAE affirmed |
Key Cases Cited
- Offshore Logistics, Inc. v. Tallentire, 477 U.S. 207 (1986) (DOHSA applies where deaths occur beyond a marine league; death on high seas suffices for DOHSA jurisdiction)
- Boyle v. United Technologies Corp., 487 U.S. 500 (1988) (government-contractor defense test for design-defect cases)
- Hudgens v. Bell Helicopters/Textron, 328 F.3d 1329 (11th Cir. 2003) (extends Boyle framework to service/maintenance contracts; adapts elements)
- Executive Jet Aviation, Inc. v. City of Cleveland, 409 U.S. 249 (1972) (maritime-nexus requirement for admiralty jurisdiction in aviation torts absent contrary legislation)
- In re Dearborn Marine Serv., Inc., 499 F.2d 263 (5th Cir.) (1974) (DOHSA construed to confer admiralty jurisdiction over airplane crashes on high seas even when negligence occurred on land)
- Smith v. Pan Air Corp., 684 F.2d 1102 (5th Cir. 1982) (death from aircraft crash into high seas alone may confer DOHSA jurisdiction)
- Miles v. Apex Marine Corp., 498 U.S. 19 (1990) (DOHSA creates wrongful-death remedy for persons killed on the high seas)
- Mobil Oil Corp. v. Higginbotham, 436 U.S. 618 (1978) (recognizes DOHSA as providing admiralty remedy for wrongful deaths beyond three miles from shore)