Prickett v. Bonnier Corp.
G058575
Cal. Ct. App.Oct 13, 2020Background
- December 2011: Michael Prickett was seriously injured while scuba diving in French Polynesia during filming of a diving-equipment webisode; Top Dive (independent contractor) provided vessel and dive master.
- Mira Chloe Prickett (daughter) sued Bonnier Corporation and related entities in California state court under general maritime law for gross negligence, peculiar-risk, and rescue-doctrine claims, seeking compensatory (loss of father's society) and punitive damages.
- Admiralty jurisdiction was undisputed; the incident met the Grubart location-and-connection tests for federal admiralty jurisdiction.
- Procedural history: a 2017 demurrer/motion to strike was overruled; after the U.S. Supreme Court decided Dutra (2019) the trial court granted defendant’s motion for judgment on the pleadings dismissing loss-of-society and punitive-damages claims.
- Plaintiff disclaimed Jones Act and Death on the High Seas Act remedies; the appellate court affirmed, concluding recognizing these remedies under general maritime law would conflict with Supreme Court precedents and Congress’s role.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second judge could grant judgment on the pleadings after an earlier judge overruled a demurrer | Sherman lacked authority; prior ruling controls | Judgment on the pleadings permitted where intervening change in law (Dutra) occurred | Any procedural error was harmless because the ruling was correct on the merits; review de novo affirmed the judgment |
| Whether punitive damages are available under general maritime law for this incident | Punitive damages should be recoverable under general maritime law | Dutra/Miles preclude punitive damages where no historical maritime remedy exists | Not available; Dutra forecloses creating a new punitive remedy for unseaworthiness-like claims |
| Whether a child may recover loss-of-society damages for a nonfatal injury to a non-seaman on the high seas under general maritime law | Loss-of-society damages are recoverable as general maritime damages | Miles and related authority bar expansion of remedies absent congressional action; Chan supports barring such recovery | Not recoverable; Miles/Chan/Dutra principles preclude recognizing a novel loss-of-society remedy for non-seamen injured on the high seas |
Key Cases Cited
- Dutra Group v. Batterton, 139 S. Ct. 2275 (U.S. 2019) (refused to create new maritime punitive-damages remedy in unseaworthiness context)
- Miles v. Apex Marine Corp., 498 U.S. 19 (U.S. 1990) (no recovery for loss of society in general maritime wrongful-death actions of Jones Act seamen)
- Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (U.S. 2009) (punitive damages available for maintenance-and-cure claims with historical basis)
- Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527 (U.S. 1995) (articulated location-and-connection tests for admiralty jurisdiction)
- Chan v. Society Expeditions, Inc., 39 F.3d 1398 (9th Cir. 1994) (loss of consortium/society not available for injury to a non-seaman on the high seas)