812
Opinion of the Court
tury, and it has been clear since Moragne that breaches of a maritime duty are actionable when they cause death, as when they cause injury. Pp. 813-820.
210 F. 3d 209, affirmed.
Scalia, J., delivered the opinion of the Court, Parts I, II-A, and II-B-1 of which were unanimous, and Part II-B-2 of which was joined by Rehnquist, C. J., and Stevens, O'Connor, Kennedy, and Thomas, JJ. Ginsburg, J., filed an opinion concurring in part, in which Souter and Breyer, JJ., joined, post, p. 820.
James T. Ferrini argued the cause for petitioner. With him on the briefs were Kimbley A. Kearney, Melinda S. Kollross, Robert M. Tata, and Carl D. Gray.
Patrick H. O'Donnell argued the cause for respondent. With him on the brief was John R. Crumpler, Jr.
Justice Scalia delivered the opinion of the Court. The question presented in this case is whether the negligent breach of a general maritime duty of care is actionable when it causes death, as it is when it causes injury.
I
According to the complaint that respondent filed in the United States District Court for the Eastern District of Virginia, her son, Christopher Garris, sustained injuries on April 8, 1997, that caused his death one day later. App. to Pet. for Cert. 53. The injuries were suffered while Garris was performing sandblasting work aboard the USNS Maj. Stephen W. Pless in the employ of Tidewater Temps, Inc., a subcontractor for Mid-Atlantic Coatings, Inc., which was in turn a subcontractor for petitioner Norfolk Shipbuilding & Drydock Corporation. And the injuries were caused, the complaint continued, by the negligence of petitioner and one of its other subcontractors, since dismissed from this case. Because the vessel was berthed in the navigable waters of the United States when Garris was injured, respondent invoked federal admiralty jurisdiction, U. S. Const., Art. III,
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: October 4, 2007