American Export Lines, Inc. v. Alvez
American Export Lines, Inc. v. Alvez
Opinion of the Court
announced the judgment of the Court and delivered an opinion, in which Mr. Justice White, Mr. Justice Blackmun, and Mr. Justice Stevens joined.
Sea-Land Services, Inc. v. Gaudet, 414 U. S. 573 (1974), held that under the nonstatutory maritime wrongful-death action fashioned by Moragne v. States Marine Lines, 398 U. S. 375 (1970), the widow of a longshoreman mortally injured aboard a vessel in state territorial waters could recover damages for the loss of her deceased husband’s “society.”
I
Respondent Gilberto Alvez lost an eye while working as a lasher aboard petitioner’s vessel SS Export Builder in New York waters. He commenced an action for damages against petitioner in the New York Supreme Court on grounds of negligence and unseaworthiness.
At oral argument, the Court raised, sua sponte, the question whether this case fell within the Court's statutory jurisdiction to review “[fjinal judgments or decrees rendered by the highest court of a State in which a decision could be had_” 28 U. S. C. § 1257.
The question is a close one. The New York Court of Appeals order granting leave to amend the complaint was only the predicate to a decision on the merits of the claim for loss of society; that order, therefore, is not “final” in the strict sense of a decree that leaves nothing further to be addressed by the state courts. Nor does the Court of Appeals judgment, as originally entered, readily fit into any of the categorical exceptions to strict finality which the Court has developed in construing § 1257. See Cox Broadcasting Corp. v. Cohn, 420 U. S. 469, 476-487 (1975).
Since the writ of certiorari was granted, however, this case — including the claim for loss of society — has been tried, and respondent Alvez has prevailed. Tr. of Oral Arg. 7-8. Counsel for petitioner American Export Lines has informed the Court at oral argument that petitioner’s appeal from the trial verdict against it will not challenge that element of the verdict which awarded damages for loss of society to Mrs.
Ill
In Igneri v. Cie. de Transports Oceaniques, the Court of Appeals for the Second Circuit rejected the loss-of-society claim of a longshoreman’s wife in a maritime personal injury
Subsequent developments, however, have altered the legal setting within which we confront a claim for loss of society due to personal injury. In 1970, Moragne v. States Marine Lines, 398 U. S. 375, overruled The Harrisburg, 119 U. S. 199 (1886), and held that an action for wrongful death based upon unseaworthiness is maintainable under general federal maritime law. Moragne itself did not fully define the new, nonstatutory, cause of action, and its contours were further shaped some four years later by Sea-Land Services, Inc. v. Gaudet, 414 U. S. 573 (1974). Gaudet held, inter alia, that the maritime wrongful-death remedy created by Moragne encompassed the recovery of damages for loss of society by a decedent's widow. So, it is no longer correct to assume— as did Igneri — that the warranty of seaworthiness affords no relief to the spouse of a longshoreman. More importantly, Gaudet provides the conclusive decisional recognition of a
To be sure, Gaudet upheld a claim for loss of society in the context of a wrongful-death action. But general federal maritime law is a source of relief for a longshoreman’s personal injury, Pope & Talbot, Inc. v. Hawn, 346 U. S. 406, 412-414 (1953), just as it is a source of remedy for wrongful death, Moragne, supra. Within this single body of judge-formulated law, there is no apparent reason to differentiate between fatal and nonfatal injuries in authorizing the recovery of damages for loss of society. The vitality of the longshoreman is logically irrelevant once we have accepted the principle that injury suffered by a longshoreman’s spouse from loss of society should be compensable, when proved. Nothing intrinsic to the Gaudet rule, therefore, should cabin its application to wrongful death.
Petitioner argues that the reach of Gaudet’& principle must be limited by the fact that no right to recover for loss of society due to maritime injury has been recognized by Congress under § 2 of the Death on the High Seas Act (DOHSA), 46 U. S. C. § 762; see Mobil Oil Corp. v. Higginbotham, 436 U. S. 618, 620 (1978), or the Jones Act, 46 U. S. C. § 688. But it is a settled canon of maritime jurisprudence that “ ‘it better becomes the humane and liberal character of proceedings in
DOHSA comprehends relief for fatal injuries incurred on the high seas, 46 U. S. C. § 761. To be sure, Mobil Oil Corp. v. Higginbotham, supra, construed DOHSA to forbid general maritime law supplementation of the' elements of compensation for which the Act provides. But Higginbotham never intimated that the preclusive effect of DOHSA extends beyond the statute’s ambit. To the contrary, while treating the statutory remedies for wrongful deaths on the high seas as exclusive, Higginbotham expressly reaffirmed that Gaudet governs recoveries for wrongful deaths on territorial waters. 436 U. S., at 623-625; see Moragne, supra, at 397-398. And if DOHSA does not pre-empt general maritime law where fatalities occur within territorial waters, it follows a fortiori that the Act does not exclude federal maritime law as a source of relief for nonfatal injuries upon the same waters.
Nor do we read the Jones Act as sweeping aside general maritime law remedies. Notwithstanding our sometime treatment of longshoremen as pseudo-seamen for certain Jones Act purposes, International Stevedoring Co. v. Haverty, 272 U. S. 50 (1926); cf. Seas Shipping Co. v. Sieracki, supra, at 100-102,
Apart from the question of statutory pre-emption, the liability schemes incorporated in DOHSA and the Jones Act should not be accorded overwhelming analogical weight in formulating remedies under general maritime law. The two statutes were enacted within days to address related problems — yet they are “hopelessly inconsistent with each other.” Gilmore & Black, supra n. 9, at 359; see id., at 360-367. The Jones Act itself was not the product of careful drafting or attentive legislative review, id., at 277, 327; assuming that the statute bars damages for loss of society, it does so solely by virtue of judicial interpretation of the Federal Employers’ Liability Act, 45 U. S. C. § 51 et seg., which was incorporated into the Jones Act, see, e. g., Ivy v. Security Barge Lines, Inc., 606 F. 2d 524, 526 (CA5 1979) (en banc), cert. pending, No. 79-1228. Thus, a remedial omission in the Jones Act is not evidence of considered congressional policymaking that should command
Far more persuasive at the present juncture are currently prevailing views about compensation for loss of society. Cf. Sea-Land Services, Inc. v. Gaudet, supra, at 587-588. As the Court of Appeals observed in Igneri:
“At least this much is true. If the common law recognized a wife’s claim for loss of consortium, uniformly or nearly so, a United States admiralty court would approach the problem here by asking itself why it should not likewise do so. . . .” 323 F. 2d, at 260.
At the time Igneri was decided, governing law in the relevant jurisdictions was substantially divided over the wife’s right to recover for loss of consortium. Id., at 260-264. But the state of the law is very different today. Currently, a clear majority of States permit a wife to recover damages for loss of consortium from personal injury to her husband.
Admiralty jurisprudence has always been inspirited with a “special solicitude for the welfare of those men who under [take] to venture upon hazardous and unpredictable sea voyages.” Moragne v. States Marine Lines, supra, at 387. As in Moragne and Gaudet, “[o]ur approach to the
Affirmed.
“The term 'society’ embraces a broad range of mutual benefits each family member receives from the others’ continued existence, including love, affection, care, attention, companionship, comfort, and protection.” Sea-Land Services, Inc. v. Gaudet, 414 U. S., at 585.
Alvez’ injury was sustained before the effective date of the 1972 Amendments to the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U. S. C. § 901 et seq. Petitioner also impleaded Alvez’ employer, Joseph Vinal Ship Maintenance, Inc., for indemnification.
Since Gaudet, one Federal Court of Appeals has expressly aligned itself with the Igneri rule, Christofferson v. Halliburton Co., 534 F. 2d 1147
See Note, The Finality Rule for Supreme Court Review of State Court Orders, 91 Harv. L. Rev. 1004 (1978).
“Question: Mr. Carr [attorney for petitioner], what happens if the appellate division reverses?
“Mr. Carr: If the appellate division reverses, it would not reverse on the question of Juanita Alvez’s claim for consortium. If the appellate division reverses, it would probably reverse on—
“Question: Correct.
“Mr. Carr: —instructions to the jury that may have been—
“Question: Then the appellate division leaves that intact, the $50,000, right?
“Mr. Carr: Yes, sir.
“Question: Could I ask you if the New York court system has finally disposed of this federal issue of the right of the wife?
“Mr. Carr: The New York state court system has finally disposed of the issue of the right of the wife.
“Question: You have lost at trial?
“Mr. Carr: Well, I don’t like to put it that way.
“Question: Well, judgment has gone against you, your client?
“Mr. Carr: There is judgment against my client. . . .
“Question: Well, on the consortium issue the judgment has gone against your client?
“Mr. Carr: Yes, indeed it has, Your Honor.
“Question: And that issue has not — if you want to appeal in the state court system, the right of the wife is not subject to relitigation, is it?
“Mr. Carr: The right of the wife is final as far as the New York state court system is concerned.
“Question: Except as to amount, I suppose.
“Mr. Carr: Except as to amount.
“Question: Conceivably a reviewing court might reduce it.
“Mr. Carr: With respect to exeessiveness, that is so. But as far as the wife’s right of consortium, that right is final in the state courts and cannot be relitigated in that forum.
“Mr. Carr: The appellate division would say this is res judicata, this has been decided by the New York state Court of Appeals and does not permit you to pursue the matter further.”
The dissent argues, post, at 287, n. 1, that petitioner’s counsel’s assertion that the New York courts would not reverse Mrs. Alvez’ trial victory,
Our ruling on finality only extends, of course, to Mrs. Alvez’ claim for loss of society, since we do not understand counsel for petitioner to concede that the other claims tried are beyond challenge. The fact that these other claims are nonfinal, however, need not preclude us from considering the final determination as to Mrs. Alvez’ claim. Cf. Gillespie v. United States Steel Corp., 379 U. S. 148, 153 (1964).
Gaudet’s discussion of the issue of double liability did state:
“[D]ecedent’s recovery did not include damages for the dependents’ loss of services or of society, and funeral expenses. Indeed, these losses — unique to the decedent's dependents — could not accrue until the decedent's death.” 414 U. S., at 591-592.
In Christofferson v. Halliburton Co., 534 F. 2d, at 1150, the Court of Appeals for the Fifth Circuit inferred from that passage an intention to limit Gaudet to the wrongful-death context. But no such limitation is implicit. As a matter of logic, Gaudet’s statement that double liability is precluded in wrongful-death cases is not equivalent to the proposition that only wrongful-death cases preclude double liability. Moreover, the Gaudet opinion itself noted that damages may be assessed for loss of society in personal injury cases, 414 U. S., at 589-590; see Christofferson, supra, at 1153-1154 (Freeman, J., dissenting).
Haverty was largely, if not completely, superseded by the Longshoremen’s and Harbor Workers’ Compensation Act of 1927, 33 U. S. C. § 901 et seq. See Swanson v. Marra Bros., 328 U. S. 1 (1946). But see G. Gilmore & C. Black, The Law of Admiralty 330, 454r-455 (2d ed. 1975). Sieracki has been overtaken by .the 1972 Amendments to the Longshoremen’s Act. See Gilmore & Black, supra, at 449.
Respondent Joseph Yinal Ship Maintenance, Inc., the interests of which parallel petitioner’s, has advanced the argument that recovery for loss of society is barred by the Longshoremen’s and Harbor Workers’ Compensation Act as applicable at the time of the injury — i. e., before the 1972 Amendments. It does not appear that this contention was raised below; in any event, it has no merit. Whatever the limitations on recovery against employers under the pre-1972 LHWCA, longshoremen retained additional rights based upon the warranty of seaworthiness. See Seas Shipping Co. v. Sieracki, 328 U. S. 85 (1946); cf. Sea-Land Services, Inc. v. Gaudet, supra.
Forty-one States and the District of Columbia allow recovery by a wife or couple: Swartz v. United States Steel Corp., 293 Ala. 439, 304 So. 2d 881 (1974); Schreiner v. Fruit, 519 P. 2d 462 (Alaska 1974); Glendale v. Bradshaw, 108 Ariz. 582, 503 P. 2d 803 (1972); Missouri Pacific Transp. Co. v. Miller, 227 Ark. 351, 299 S. W. 2d 41 (1957); Rodriguez v. Bethlehem Steel Corp., 12 Cal. 3d 382, 525 P. 2d 669 (1974); Colo. Rev. Stat. § 14-2-209 (1973); Hopson v. St. Mary’s Hospital, 176 Conn. 485, 408 A. 2d 260 (1979); Yonner v. Adams, 53 Del. 229, 167 A. 2d 717 (1961); Hitaffer v. Argonne Co., 87 U. S. App. D. C. 57, 183 F. 2d 811 (1950); Gates v. Foley, 247 So. 2d 40 (Fla. 1971); Brown v. Georgia-Tennessee Coaches, Inc., 88 Ga. App. 519, 77 S. E. 2d 24 (1953); Nishi v. Hartwell, 52 Haw. 188, 473 P. 2d 116 (1970); Nichols v. Sonneman, 91 Idaho 199, 418 P. 2d 562 (1966); Dini v. Naiditch, 20 Ill. 2d 406, 170 N. E. 2d 881 (1960); Troue v. Marker, 253 Ind. 284, 252 N. E. 2d 800 (1969); Acuff v. Schmit, 248 Iowa 272, 78 N. W. 2d 480 (1956); Kan. Stat. Ann. § 23-205 (Supp. 1979); Kotsiris v. Ling, 451 S. W. 2d
Concurring Opinion
concurring in the judgment.
I continue to believe that Sea-Land Services, Inc. v. Gaudet, 414 U. S. 573, 595 (1974) (Powell, J., dissenting), was decided wrongly, but I recognize the utility of stare decisis in cases of this kind, id., at 596. Since I see no rational basis for drawing a distinction between fatal and nonfatal injuries, I join in the judgment of the Court.
dissenting.
After certiorari has been granted, and a case has been briefed and argued, there is an inevitable pressure to decide it, especially when the argument for a dismissal is based on the seemingly technical requirements of finality. In this case, however, it is plain to me that the decision below is not final, and that the Court is therefore without jurisdiction to review it under 28 U. S. C. § 1257.
Respondent Gilberto Alvez brought suit against petitioner in the New York Supreme Court for injuries incurred during the course of his employment on petitioner’s vessel. He moved to amend the complaint to add his spouse, Juanita Alvez, as a plaintiff. His motion was denied. The Appellate Division of the New York Supreme Court reversed, and the New York Court of Appeals affirmed the decision of the Appellate Division. This Court granted certiorari to review the decision of the New York Court of Appeals.
After certiorari had been granted, and while the case was being briefed in this Court, the litigants proceeded to try the
In these circumstances, I am unable to accept the Court’s conclusion that the decision below is final. Nothing in the record before us supports the suggestion that “ 'the federal issue, finally decided by the highest court in the State, will survive and require decision regardless of the outcome of future state-court proceedings.’ ” Ante, at 279, quoting Cox Broadcasting Corp. v. Cohn, 420 U. S. 469, 480 (1975). The federal issue may neither survive nor require decision if peti
Even if I were to accept the unfounded premise that the federal issue will necessarily survive,- I would not agree that the order of the New York Court of Appeals was rendered final by developments subsequent to the grant of certiorari. The plurality apparently concedes that when we granted certiorari, the New York Court of Appeals’ order allowing leave to amend was not appealable. Ante, at 277. After that order was entered, the procedural posture of the case was the same as if the trial court had granted leave to amend in the first place. Such an order would not, of course, have been final; in the plurality’s own words, it “was only the predicate to a decision on the merits of the claim for loss of society.” Ibid. If this reasoning is correct, I do not believe that a subsequent trial — conducted after we have granted certiorari — can vest jurisdiction in this Court. I have been unable to find any case, and the plurality points to none, that supports the apparent adoption of a contrary rule. Indeed, our cases appear uniformly to assume that finality is determined as of the time that certiorari is sought. See Department of Banking v. Pink, 317 U. S. 264, 268 (1942).
For three reasons, the plurality’s conclusion to the contrary strikes me as fundamentally misguided. First, it sanctions the practice of granting certiorari to review nonfinal orders, and thus treats the finality requirement as merely a policy to be considered in deciding whether we should resolve a dis
It should always be remembered that the “considerations that determine finality . . . have reference to very real interests — not merely those of the immediate parties but, more particularly, those that pertain to the smooth functioning of our judicial system.” Republic Natural Gas Co. v. Oklahoma, supra, at 69. Accordingly, the Court’s salutary adoption of a “practical rather than a technical construction” of the finality requirement, Cohen v. Beneficial Loan Corp., 337 U. S. 541, 546 (1949), is not a license for ignoring the requirement entirely, or for interpreting it without regard for its legitimate underlying purposes. The finality requirement “serves several ends: (1) it avoids piecemeal review of state court decisions; (2) it avoids giving advisory opinions in cases where there may be no real ‘case’ or ‘controversy’ in
In my view, the proper disposition in these circumstances would be to dismiss the writ of certiorari as improvidently granted, and to permit the state courts to resolve the pending appeal. If the federal question still survives after the judgment of the highest state court becomes final, petitioner may again seek a writ of certiorari to review that judgment. I dissent.
In oral argument counsel for petitioner stated that the Appellate Division may “reverse on . . . instructions to the jury. . . .” Tr. of Oral Arg. 10. I see no basis for the suggestion that “petitioner’s appeal from the trial verdict against it will not challenge that element of the verdict which awarded damages for loss of society to Mrs. Alvez.” Ante, at 277-278. In context it seems plain that counsel’s comments on the award to Juanita Alvez were designed to indicate that there was no separate appeal with respect to the award on her behalf. But there was no suggestion that petitioner is not challenging the determination of liability as to Mr. Alvez, from whose award his spouse’s is wholly derivative. The assertion that Juanita Alvez’ award is final is contradicted by the suggestion of counsel for respondent Alvez that “if there is a problem,” the parties might “ [w] aive any right to appeal as far as the decision, as far as the judgment for Juanita Alvez is concerned below.” Tr. of Oral Arg. 20. Counsel conceded that, in the absence of such a waiver, “there is always the possibility that the defendant in this case might find some grounds for error in the record.” Id., at 21. The offer of a waiver of appellate rights and the concession that “some grounds for error” might be found are difficult to reconcile with the suggestion that further state-court proceedings cannot affect the award to Juanita Alvez. At the very least, the comments of counsel are highly ambiguous, and it seems odd for the plurality to indulge in very possibly incorrect speculations on the point when jurisdictional prerequisites are at stake.
On occasion, of course, subsequent events can deprive the Court of jurisdiction over a case, as for example by rendering it moot. For reasons discussed in the text, however, I see no justification, either in precedent or in principle, for the view that subsequent events can justify a grant of certiorari to review a decision over which the Court had no- jurisdiction in the first instance.
Reference
- Full Case Name
- AMERICAN EXPORT LINES, INC. v. ALVEZ Et Al.
- Cited By
- 193 cases
- Status
- Published