218
Opinion of the Court
present case by the law of the United States. The final unresolved question is then which particular United States law applies. The death that occurred here falls within the literal terms of DOHSA § 761, and it is well established that those terms apply to airplane crashes. Since recovery in a § 761 suit is limited to pecuniary damages, § 762, petitioners cannot recover for loss of society under DOHSA. Moreover, where DOHSA applies, neither state law nor general maritime law can provide a basis for recovery of loss-of-society damages. Because petitioners are not entitled to recover loss-of-society damages under DOHSA, this Court need not reach the question whether, under general maritime law, dependency is a prerequisite for loss-of-society damages. Pp. 228-232.
43 F. 3d 18, affirmed in part and reversed in part.
Scalia, J., delivered the opinion for a unanimous Court.
W. Paul Needham argued the cause for petitioners in No. 94-1361 and respondents in No. 94-1477. With him on the briefs was Kevin M. Hensley.
Andrew J. Harakas argued the cause for Korean Air Lines Co., Ltd., in both cases. With him on the briefs was George N. Tompkins, Jr.†
Justice Scalia delivered the opinion of the Court.
This action presents the question whether, in a suit brought under Article 17 of the Warsaw Convention governing international air transportation, Convention for the Unification of Certain Rules Relating to International Transportation by Air, Oct. 12, 1929, 49 Stat. 3000, T. S. No. 876 (1934) (reprinted in note following 49 U. S. C. App. § 1502 (1988
†Juanita M. Madole, Donald W. Madole, George E. Farrell, Milton G. Sincoff, and Steven R. Pounian filed a brief for Philomena Dooley et al. as amici curiae urging reversal.
Briefs of amicus curiae were filed for Pan American World Airways, Inc., by Richard M. Sharp and Frederick C. Schafrick; and for the Plaintiffs' Committee in In re Air Crash Disaster at Lockerbie, Scotland, by Lee S. Kreindler, Steven R. Pounian, James P. Kreindler, Paul S. Edelman, Frank H. Granito, Jr., Frank H. Granito III, and Michel F. Baumeister.
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