100 F. Supp. 3d 96
D.P.R.2015Background
- Plaintiffs Esperanza and Jose Santos (and later heir Sonia Santos) were passengers on Defendant America Cruise Ferries’ MTV Caribbean Fantasy; Jose suffered a head injury aboard during Tropical Storm Isaac while the vessel was on the high seas/foreign territorial waters.
- Shipboard treatment was provided but allegedly inadequate; Jose was later hospitalized ashore, underwent prolonged treatment and rehabilitation, and died in New Jersey on June 2, 2013.
- Plaintiffs sued in diversity under Puerto Rico law (Art. 1802) asserting negligence and sought pecuniary and non-pecuniary damages; after Jose’s death claims were amended to assert heirs’ recovery.
- Defendant moved for summary judgment arguing DOHSA applies (exclusive remedy for deaths on the high seas), so plaintiffs lack standing and non-pecuniary damages are unavailable; alternatively, general maritime law limits recovery.
- The court found admiralty jurisdiction exists (injury aboard a commercial passenger vessel on navigable waters) but identified a factual dispute whether the high-seas injury caused or contributed to Jose’s later death, so summary judgment was denied on that ground; plaintiffs were given 90 days to obtain appointment/authorization of a personal representative if DOHSA applies.
- The court held that non-pecuniary/survival damages for high-seas incidents are unavailable under DOHSA or as a federal maritime survival remedy, limiting recovery to pecuniary damages; plaintiffs’ jury demand under the saving-to-suitors clause was preserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admiralty jurisdiction applies | Santos: case pleaded in diversity but maritime law not conceded | America Cruise: injury aboard ship means admiralty jurisdiction and maritime law applies | Court: Admiralty jurisdiction exists (injury on vessel on navigable waters; commercial passenger nexus satisfied) |
| Whether DOHSA governs and bars plaintiffs’ claims | Santos: DOHSA does not apply; claims are state-law personal injury/survival claims | America Cruise: DOHSA applies to deaths from high-seas injuries; plaintiffs lack standing unless a personal representative is appointed; DOHSA is exclusive | Court: Disputed fact whether high-seas injury caused death; denied summary judgment on DOHSA ground and gave 90 days to appoint/authorize a personal representative; absent that, suit may be dismissed for lack of standing if DOHSA governs |
| Availability of survival and non-pecuniary damages for high-seas injury | Santos: entitled to pecuniary and non-pecuniary (pre-death pain, loss of consortium) under maritime/state law | America Cruise: DOHSA and maritime precedents limit recovery to pecuniary damages; no federal maritime survival action for pre-death pain on the high seas | Court: Denied recognition of a general maritime survival remedy for high-seas deaths and held non-pecuniary/survival damages unavailable; recovery limited to pecuniary damages |
| Right to a jury trial | Santos: preserved jury right via diversity jurisdiction and no Rule 9(h) admiralty election | America Cruise: maritime governance might eliminate jury right | Court: Jury demand preserved under the saving-to-suitors clause and § 1332 because plaintiffs invoked diversity and did not elect admiralty procedure |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- E. River S.S. Corp. v. Transamerica Delaval Inc., 476 U.S. 858 (admiralty jurisdiction brings substantive maritime law)
- Delgado v. Reef Resort Ltd., 364 F.3d 642 (discussed as to invoking DOHSA—court rejects defendant’s broad reading)
- Dooley v. Korean Air Lines Co., Ltd., 524 U.S. 116 (DOHSA precludes a general maritime survival action for pre-death pain and suffering on the high seas)
- Moragne v. States Marine Lines, Inc., 398 U.S. 375 (federal maritime wrongful-death remedy in territorial waters)
- Miles v. Apex Marine Corp., 498 U.S. 19 (importance of uniformity in maritime damages and limits on creating remedies conflicting with statute)
- Yamaha Motor Corp., U.S.A. v. Calhoun, 516 U.S. 199 (state law may apply in territorial-waters maritime fatalities)
- Carey v. Bahama Cruise Lines, 864 F.2d 201 (passenger injury aboard cruise ship satisfies maritime nexus)