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Wrongful death

The following are digests and links to Circuit Court Admiralty Cases that have as an issue wrongful death:

Garris v. Norfolk Shipbuilding and Drydock Co.
Fourth Circuit Court of Appeals
April 3, 2000

Wrongful Death: the principles of Moragne, which recognized a general maritime cause of action for wrongful death based on unseaworthiness, also support recognizing a maritime wrongful death claim based on negligence, thus the District Court's decision dismissing the plaintiff's negligence-based claim is reversed.

Miller v. American Heavy Lifting
Sixth Circuit Court of Appeals
November 3, 2000

Procedure/Wrongful Death/ Statute of Limitations: plaintiff's amended complaint for wrongful death damages arising from exposure to hazardous substances on board defendant's vessel related back to the original complaint since it arose out of the same conduct, transaction or occurrence as set forth in the original complaint; thus the District Court was in error in dismissing the amended complaint on statute of limitations grounds where the original complaint was filed in a timely manner.

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