Cite as: 532 U. S. 811 (2001)
Opinion of the Court
§ 2, cl. 1; 28 U. S. C. § 1333, and prayed for damages under general maritime law. She also asserted claims under the Virginia wrongful-death statute, Va. Code Ann. §§ 8.01-50 to 8.01-56 (2000).
The District Court dismissed the complaint for failure to state a federal claim, for the categorical reason that "no cause of action exists, under general maritime law, for death of a nonseaman in state territorial waters resulting from negligence." 1999 A. M. C. 769 (1998). The United States Court of Appeals for the Fourth Circuit reversed and remanded for further proceedings, explaining that although this Court had not yet recognized a maritime cause of action for wrongful death resulting from negligence, the principles contained in our decision in Moragne v. States Marine Lines, Inc., 398 U. S. 375 (1970), made such an action appropriate. 210 F. 3d 209, 211 (2000). Judge Hall concurred in the judgment because, in her view, Moragne had itself recognized the action. 210 F. 3d, at 222-227. The Court of Appeals denied petitioner's suggestion for rehearing en banc, with two judges dissenting. 215 F. 3d 420 (2000). We granted certiorari. 531 U. S. 1050 (2000).
II
Three of four issues of general maritime law are settled, and the fourth is before us. It is settled that the general maritime law imposes duties to avoid unseaworthiness and negligence, see, e. g., Mitchell v. Trawler Racer, Inc., 362 U. S. 539, 549-550 (1960) (unseaworthiness); Leathers v. Blessing, 105 U. S. 626, 630 (1882) (negligence), that non-fatal injuries caused by the breach of either duty are compensable, see, e. g., Mahnich v. Southern S. S. Co., 321 U. S. 96, 102-103 (1944) (unseaworthiness); Robins Dry Dock & Repair Co. v. Dahl, 266 U. S. 449, 457 (1925) (negligence), and that death caused by breach of the duty of seaworthiness is also compensable, Moragne v. States Marine Lines, Inc., supra, at 409. Before us is the question whether death
813
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: October 4, 2007