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Lollie v. Brown Marine Service, Inc.

United States Court of Appeals, Eleventh Circuit
Jul 27, 1993
995 F.2d 1565 (11th Cir. 1993)

Summary

holding the Jones Act does not authorize recovery for loss of society or consortium for personal injury

Summary of this case from Watson v. Oceaneering Intern., Inc.

Opinion

No. 91-3842.

July 27, 1993.

John E. Houser, Thomasville, GA, for plaintiffs-appellants.

Robert L. Crongeyer, Pensacola, FL, for defendant-appellee.

Appeal from the United States District Court for the Northern District of Florida.

Before EDMONDSON and BLACK, Circuit Judges, and MELTON, Senior District Judge.

Honorable Howell W. Melton, Senior U.S. District Judge for the Middle District of Florida, sitting by designation.


Appellants brought this personal injury action under the Jones Act and general maritime law. On appeal, they argue the district court erred in granting judgment on the pleadings to appellee on their claims for loss of consortium and society. Adopting the reasoning in Michel v. Total Transp., Inc., 957 F.2d 186, 191 (5th Cir. 1992) and Murray v. Anthony J. Bertucci Constr. Co., 958 F.2d 127, 131-32 (5th Cir.), cert. denied, ___ U.S. ___, 113 S.Ct. 190, 121 L.Ed.2d 134 (1992), we hold that neither the Jones Act nor general maritime law authorizes recovery for loss of society or consortium in personal injury cases. The rest of appellants' claims, which involve the district court's jury charges, also lack merit.

AFFIRMED.


Summaries of

Lollie v. Brown Marine Service, Inc.

United States Court of Appeals, Eleventh Circuit
Jul 27, 1993
995 F.2d 1565 (11th Cir. 1993)

holding the Jones Act does not authorize recovery for loss of society or consortium for personal injury

Summary of this case from Watson v. Oceaneering Intern., Inc.

holding that "general maritime law [does not] authorize recovery for loss of society or consortium in personal injury cases"

Summary of this case from Michaels v. Lines

In Lollie v. Brown Marine Serv., Inc., 995 F.2d 1565, 1565 (11th Cir. 1993), we looked disfavorably on the availability of nonpecuniary damages under the general maritime law.

Summary of this case from Altosino v. Warrior & Gulf Navigation Co.
Case details for

Lollie v. Brown Marine Service, Inc.

Case Details

Full title:ROY A. LOLLIE AND FAYE G. LOLLIE, PLAINTIFFS-APPELLANTS, v. BROWN MARINE…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Jul 27, 1993

Citations

995 F.2d 1565 (11th Cir. 1993)

Citing Cases

Watson v. Oceaneering Intern., Inc.

This court follows the many other courts in extending Miles to apply to personal injury cases as well. Lollie…

Ridley v. NCL

Lastly, Defendant also argues that a claim for loss of consortium is not recognized under general maritime…