From Casetext: Smarter Legal Research

Kaiser v. Travelers Insurance Company

United States Court of Appeals, Fifth Circuit
Jan 11, 1974
487 F.2d 1300 (5th Cir. 1974)

Summary

holding that parents of a minor child may not sue under general maritime law for loss of society from the wrongful death of their child in a boating accident

Summary of this case from Truehart v. Blandon

Opinion

No. 73-2653. Summary Calendar.

Rule 18, 5th Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5th Cir. 1970, 431 F.2d 409, Part I.

January 11, 1974.

Herman M. Schroeder, New Orleans, La., for plaintiffs-appellants-cross appellees.

Fred E. Salley, Edward J. Koehl, Jr., New Orleans, La., for Brien, Jr. and Travelers Ins. Co.

Cornelius G. Van Dalen, New Orleans, La., for G. Tranchina.

W. K. Christovich, New Orleans, La., for Coastal Sand Gravel and others.

Robert J. Young, Jr., New Orleans, La., for Great American Ins.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.



The parents of a minor child who was killed as a result of a boating accident appeal this admiralty action on two grounds relating to their claim for damages.

First, they claim recovery for loss of love and affection. This point was settled contrary to plaintiffs' contention by our recent cases of Canal Barge Company, Inc. v. Griffith, 480 F.2d 11 (5th Cir. 1973) and Hueschen v. Fluor Ocean Services, 487 F.2d 1401 (5th Cir. 1973) which held that there can be no recovery for loss of love and affection in a death action brought under the general maritime law.

Second, they claim that recovery should have been given for pain, suffering, and mental anguish prior to death. No such contention was made in the trial court and it appears from the record that there is insufficient evidence to support this ground of appeal.

This decision which renders plaintiffs liable for costs of this appeal makes it unnecessary for this Court to consider the merits of the cross-appeal.

Affirmed.


Summaries of

Kaiser v. Travelers Insurance Company

United States Court of Appeals, Fifth Circuit
Jan 11, 1974
487 F.2d 1300 (5th Cir. 1974)

holding that parents of a minor child may not sue under general maritime law for loss of society from the wrongful death of their child in a boating accident

Summary of this case from Truehart v. Blandon
Case details for

Kaiser v. Travelers Insurance Company

Case Details

Full title:MRS. LAURA KAISER, WIFE OF/AND IGNATIUS J. BARRECA…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jan 11, 1974

Citations

487 F.2d 1300 (5th Cir. 1974)

Citing Cases

Truehart v. Blandon

Besides Patton-Tully and Sistrunk, only four Fifth Circuit cases that this Court has found have mentioned…

Landry v. Two R. Drilling Company

However, Canal Barge is no longer valid precedent on this issue. See Kaiser v. Travelers Insurance Co., 487…