What Damages are Available to Non-Dependent Parents of a Decedent Under the Jones Act and the General Maritime Law?
What Damages are Available to Non-Dependent Parents of a Decedent Under the Jones Act and the General Maritime Law?
By: Maria Aurora P. Deguzman
Edited by: Tiffany Morales
Billingsley v. Alberici Constructors, Inc., No. 5:13-CV-00084-TBR, 2014 WL 1248019, 2014 U.S. Dist. LEXIS 38830 (W.D. Ky. Mar 24, 2014).
This case concerns a lawsuit filed under the Jones Act and general maritime law for breach of the warranty of seaworthiness by Wesley Billingsley (“Mr. Billingsley”) as personal representative and next of kin of Robert R. Billingsley, the decedent. Robert Billingsley was employed by Washington Group as a deckhand aboard a tugboat owned by the United States. The seaman fell into the Ohio River and was crushed between two barges that were also owned by the United States. Mr.Billingsley originally filed a suit for damages against Washington Group, the United States, and other parties, but the other parties were dismissed from the action because they were not Robert Billingsley’s employer.The five (5) issues addressed by the court in this case were:
- May a decedent’s parent recover on a claim for loss of society in a negligence case under the Jones Act?
A decedent’s parent may not recover on a claim for loss of society in a negligence case under the Jones Act. Relying on Miles v. Apex Marine Corp., 498 U.S. 19, 32-33 (1990), the Court denied damages for loss of society under the Jones Act because the Jones Act limits recovery to pecuniary losses.
- May a decedent’s parent recover nonpecuniary damages sought under a theory of unseaworthiness?
A decedent’s parent may not recover nonpecuniary damages sought under a theory of unseaworthiness. The Court relied on the Sixth Circuit’s decision in Szymanski v. Columbia Transportation Co. where it “held that damages not compensable under the Jones Act [are] likewise not compensable under a theory of unseaworthiness.” 154 F.3d 591, 595-597 (6th Cir. 1998).Mr. Billingsley argued that Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009), supported his proposition that loss of society and related nonpecuniary damages were available to him but the Court found that he misread the case.
- May a non-dependent parent of a decedent maintain a wrongful death action under the Jones Act or the general maritime law and recover for the pecuniary value of a decedent’s estate?
A non-dependent parent of a decedent may not maintain a wrongful death action and recover for the pecuniary value of a decedent’s estate. The Court noted that wrongful death actions allow the decedent’s dependents to “recover for the harms they personally suffered as a result of the death, independent of any action the decedent may have had for his or her own personal injuries.” (quoting Wahlstrom v. Kawasaki Heavy Indus., Ltd., 4 F.3d 1084, 1093 (2d Cir. 1993) (quoting Miles v. Melrose, 882 F.2d 976, 985 (5th Cir. 1989))).To that end, the Northern District of Ohio explained that it “saw the various federal and state wrongful death statutes as expressing a society decision that the interest of non-dependent relatives is not so substantial as to require protection” since they are, “by definition, independent of any contributions from the deceased.” Id. at 697. Because there was little case law on the subject besides In re Cambria and Mr. Billingsley did “little to refute the reasoning in” that case, the Court held that Mr. Billingsley was unable to maintain a wrongful death action and recover for the pecuniary value of his son’s estate.
- Is a parent entitled to seek survival damages for the decedent’s predeath pain and suffering?
A parent is entitled to seek survival damages for the decedent’s predeath pain and suffering. The Court noted that survival actions allow a decedent’s estate or successors to prosecute claims that the deceased would have had but for his or her death. Citing Anderson v. Whittaker Corp., the Court held that survival damages are available under general maritime law and that “any representative of a decedent” regardless of their relationship with “or dependence upon the deceased” may sue for survival damages. 692 F. Supp. 764, 773 (W.D. Mich. 1988).
- May a parent seek damages in the form of funeral and burial expenses?
The Court did not determine whether a parent may seek damages in the form of funeral and burial expenses. The Court found that none of the parties briefed the issue enough for it to make a ruling on the issue.The Court ultimately held that, as the decedent’s personal representative and next of kin, Mr. Billingsley was able to seek survival action damages under the Jones Act and general maritime law. However, as a non-dependent parent of the decedent, Mr. Billingsley was not able to recover for claims of loss of society or wrongful death.
