OCTOBER TERM, 2000
Syllabus
NORFOLK SHIPBUILDING & DRYDOCK CORP.
v.
GARRIS, ADMINISTRATRIX OF THE ESTATE OF GARRIS, DECEASED
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH
CIRCUIT
No. 00-346. Argued April 18, 200l-Decided June 4, 2001
In her complaint filed in the District Court, respondent alleged
that her son died as a result of injuries sustained while
performing sandblasting aboard a vessel berthed in the navigable
waters of the United States. She further asserted that the injuries
were caused by the negligence of petitioner and another, and prayed
for damages under general maritime law. The District Court
dismissed the complaint for failure to state a federal claim,
stating that no cause of action exists, under general maritime law,
for death resulting from negligence. The Fourth Circuit reversed,
explaining that although this Court had not yet recognized a
maritime cause of action for wrongful death resulting from
negligence, the principles contained in
Moragne v.
States
Marine Lines, Inc., 398 U. S. 375, made such
an action appropriate.
Held: The general maritime cause of action recognized in
Moragne-for death caused by violation of maritime duties,
id., at 409-is available for the negligent breach of a maritime
duty of care. Although
Moragne's opinion did not limit its
rule to any particular maritime duty,
Moragne's facts were
limited to the duty of seaworthiness, and so the issue of wrongful
death for negligence has remained technically open. There is no
rational basis, however, for distinguishing negligence from
unseaworthiness. Negligence is no less a maritime duty than
seaworthiness, and the choice-of-Iaw and remedial anomalies
provoked by withholding a wrongful-death remedy are no less severe.
Nor is a negligence action precluded by any of the three relevant
federal statutes that provide remedies for injuries and death
suffered in admiralty: the Jones Act, the Death on the High Seas
Act, and the Longshore and Harbor Workers' Compensation Act.
Because of Congress's extensive involvement in legislating causes
of action for maritime personal injuries, it will be the better
course, in many cases that assert new claims beyond what those
statutes have seen fit to allow, to leave further development to
Congress. See,
e. g., American Dredging Co. v.
Miller, 510 U.
S. 443, 455. The cause of action recognized today, however, is
new only in the most technical sense. The general maritime law has
recognized the tort of negligence for more than a cen-
812
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,
813
§ 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 nonfatal 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
814
caused by negligence should, or must under direction of a
federal statute, be treated differently.
A
For more than 80 years, from 1886 until 1970, all four issues
were considered resolved, though the third not in the manner we
have just described. The governing rule then was the rule of
The
Harrisburg, 119
U. S. 199, 213 (1886):
Although the general maritime law provides relief for injuries
caused by the breach of maritime duties, it does not provide relief
for wrongful death.
The Harrisburg said that rule was
compelled by the existence of the same rule at common law, id., at
213-214-although it acknowledged, id., at 205-212, that admiralty
courts had held that damages for wrongful death were recoverable
under maritime law, see also
Moragne, supra, at 387-388
(listing cases).
In 1969, however, we granted certiorari in
Moragne v.
States Marine Lines, Inc., supra, for the express purpose
of considering "whether
The Harrisburg ... should any longer
be regarded as acceptable law." 398 U. S., at 375376. We inquired
whether the rule of
The Harrisburg was defensible under
either the general maritime law or the policy displayed in the
maritime statutes Congress had since enacted, 398 U. S., at
379-393, whether those statutes preempted judicial action
overruling
The Harrisburg, 398 U. S., at 393-403, whether
stare decisis required adherence to
The Harrisburg,
398 U. S., at 403-405, and whether insuperable practical
difficulties would accompany
The Harrisburg's overruling,
398 U. S., at 405-408. Answering every question no, we overruled
the case and declared a new rule of maritime law: "We ... hold that
an action does lie under general maritime law for death caused by
violation of maritime duties."
Id., at 409.
As we have noted in an earlier opinion, the wrongful-death rule
of
Moragne was not limited to any particular maritime duty,
Yamaha Motor Corp., U. S.
A. v.
Calhoun,
516
815
u. S. 199, 214, n. 11 (1996) (dictum), but
Moragne's
facts were limited to the duty of seaworthiness, and so the issue
of wrongful death for negligence has remained technically open. We
are able to find no rational basis, however, for distinguishing
negligence from seaworthiness. It is no less a distinctively
maritime duty than seaworthiness: The common-law duties of care
have not been adopted and retained unmodified by admiralty, but
have been adjusted to fit their maritime context, see,
e. g.,
Kermarec v.
Compagnie Generale Transatlantique, 358 U. S. 625, 630-632
(1959), and a century ago the maritime law exchanged the common
law's rule of contributory negligence for one of comparative
negligence, see,
e. g., The Max Morris, 137 U. S. 1, 14-15 (1890);
Pope &
Talbot, Inc. v.
Hawn, 346 U. S. 406, 408-409
(1953). Consequently the "tensions and discrepancies" in our
precedent arising "from the necessity to accommodate state remedial
statutes to exclusively maritime substantive concepts"-which
ultimately drove this Court in
Moragne to abandon
The
Harrisburg, see 398 U. S., at 401-were no less pronounced with
maritime negligence than with unseaworthiness. In fact, both cases
cited by
Moragne to exemplify those discrepancies involved
maritime
negligence, see
ibid. (citing
Hess v.
United States, 361 U. S. 314 (1960);
Goett v.
Union Carbide Corp., 361 U. S. 340 (1960)
(per curiam)); see also
Nelson v.
United
States, 639 F.2d
469, 473 (CA9 1980) (opinion by then-Judge Kennedy) (concluding
that uniformity concerns required
Moragne's application to
negligence). It is true, as petitioner observes, that we have held
admiralty accommodation of state remedial statutes to be
constitutionally permissible, see,
e. g., Western Fuel Co.
v.
Garcia, 257
U. S. 233, 242 (1921);
The Tungus v.
Skovgaard,
358 U. S. 588,
594 (1959),1 but that does not re-
1 The issue addressed in
Yamaha Motor Corp., U. S.
A. v.
Calhoun, 516 U. S. 199 (1996), whether state
remedies may in some instances supplement a federal maritime
remedy, is not presented by this case, where respondent is no
longer pursuing state remedies. After the District
816
solve the issue here: whether
requiring such an
accommodation by refusing to recognize a federal remedy is
preferable as a matter of maritime policy. We think it is not.
The choice-of-Iaw anomaly occasioned by providing a federal
remedy for injury but not death is no less strange when the duty
breached is negligence than when it is seaworthiness. Of two
victims injured at the same instant in the same location by the
same negligence, only one would be covered by federal law, provided
only that the other died of his injuries. See,
e. g., Byrd
v.
Napoleon Avenue Ferry Co., 125 F. Supp. 573, 578 (ED La.
1954) (in case involving single car accident on ferry, applying
state negligence law to claim for deceased husband's wrongful death
but federal maritime negligence law to claim for surviving wife's
injuries), aff'd,
227 F.2d
958 (CA5 1955)
(per curiam). And cutting off the law's
remedy at the death of the injured person is no less "a striking
departure from the result dictated by elementary principles in the
law of remedies,"
Moragne v.
States Marine Lines,
Inc., 398 U. S., at 381, when the duty breached is negligence
than when it is seaworthiness. "Where existing law imposes a
primary duty, violations of which are compensable if they cause
injury, nothing in ordinary notions of justice suggests that a
violation should be nonactionable simply because it was serious
enough to cause death."
Ibid. Finally, the maritime policy
favoring recovery for wrongful death that
Moragne found
implicit in federal statutory law cannot be limited to
unseaworthiness, for both of the federal Acts on which
Moragne relied permit recovery for negligence, see Jones
Act, 46 U. S. C. App. § 688(a); Death on the High Seas Act (DOHSA),
46 U. S. C. App. § 761
et seq.; see also
Engel v.
Davenport, 271
U. S. 33, 36-37 (1926) (Jones Act). In sum, a negligent breach
of a maritime duty of care being assumed
Court dismissed her state-law claim on jurisdictional grounds,
respondent re-filed it in state court, where it was resolved
against her. See Brief for Respondent 2, n. 1.
817
by the posture of this case,2 no rational basis within the
maritime law exists for denying respondent the recovery recognized
by
Moragne for the death of her son.
B
Weightier arguments against recognizing a wrongfuldeath action
for negligence may be found not within general maritime law but
without, in the federal statutes that provide remedies for injuries
and death suffered in admiralty. As we explained in
Miles v.
Apex Marine Corp., 498 U. S. 19, 27 (1990),
"[w]e no longer live in an era when seamen and their loved ones
must look primarily to the courts as a source of substantive legal
protection from injury and death; Congress ... [has] legislated
extensively in these areas." And, even in admiralty, "we have no
authority to substitute our views for those expressed by Congress
in a duly enacted statute."
Mobil Oil Corp. v.
Higginbotham, 436 U. S. 618, 626
(1978). Hence, when a statute resolves a particular issue, we have
held that the general maritime law must comply with that
resolution. See,
e. g., Dooley v.
Korean Air Lines
Co., 524 U. S.
116, 123-124 (1998). We must therefore make careful study of
the three statutes relevant here.
1
The Jones Act, 46 U. S. C. App. § 688(a), establishes a cause of
action for negligence for injuries or death suffered in the course
of employment, but only for seamen. See generally
Chandris,
Inc. v.
Latsis, 515 U. S. 347 (1995)
(describing test for seaman status). Respondent's son, who was not
a seaman, was not covered by the Jones Act, and we have held that
the Jones Act bears no implication for actions brought
2 The District Court dismissed the case for the threshold reason
that, regardless of a negligent breach, there could be no recovery.
See
supra, at 813. Petitioner therefore will be free to
present its arguments regarding duty and breach on remand to the
extent they have been preserved.
818
by nonseamen. See,
e. g., American Export Lines, Inc. v.
Alvez, 446 U.
S. 274, 282-283 (1980). Moreover, even as to seamen, we have
held that general maritime law may provide wrongful-death actions
predicated on duties beyond those that the Jones Act imposes. See,
e. g., Miles v.
Apex Marine Corp., supra, at 28-30
(seaworthiness). The Jones Act does not preclude respondent's
negligence action.
DOHSA creates wrongful-death actions for negligence and
unseaworthiness, see
Moragne, supra, at 395, but only by the
personal representatives of people killed "beyond a marine league
from the shore of any State," 46 U. S. C. App. § 761. Respondent's
son was killed in state territorial waters, where DOHSA expressly
provides that its provisions "shall ... [not] apply," § 767. In
Moragne, after discussing the anomalies that would result if
DOHSA were interpreted to preclude federal maritime causes of
action even where its terms do not apply, 398 U. S., at 395-396, we
held that DOHSA "was not intended to preclude the availability of a
remedy for wrongful death under general maritime law in situations
not covered by the Act," id., at 402. Or, "[t]o put it another way,
... no intention appears that the Act have the effect of
foreclosing any nonstatutory federal remedies that might be found
appropriate to effectuate the policies of general maritime law."
Id., at 400. DOHSA therefore does not pre-empt respondent's
negligence action.
Finally, the Longshore and Harbor Workers' Compensation Act
(LHWCA), 44 Stat. 1424, as amended, 33 U. S. C. § 901
et
seq., provides nonseaman maritime workers such as respondent's
son, see § 902(3) (defining covered employees), with no-fault
workers' compensation claims (against their employer, § 904(b)) and
negligence claims (against the vessel, § 905(b)) for injury and
death. As to those two defendants, the LHWCA expressly pre-empts
all other claims, §§ 905(a), (b); but cf.
Sun Ship, Inc. v.
Pennsylvania, 447 U. S. 715, 723-726
(1980) (holding some state workers' compensation claims against
employer
not pre-empted), but it expressly
819
preserves all claims against third parties, §§ 933(a),
(i). And petitioner is a third party: It neither employed
respondent's son nor owned the vessel on which he was killed.
Petitioner argues, however, that § 933's
preservation-ofother-claims provisions express Congress's intent to
reserve all other wrongful-death actions to the States. That
argument cannot withstand our precedent, since we have consistently
interpreted § 933 to preserve federal maritime claims as well as
state claims, see,
e. g., Seas Shipping Co. v.
Sieracki, 328
U. S. 85, 100-102 (1946);
Cooper Stevedoring Co. v.
Fritz Kopke, Inc., 417 U. S. 106, 113
(1974), including maritime negligence claims, see,
e. g.,
Pope &
Talbot, Inc. v.
Hawn, 346 U. S., at
411-413 (upholding recovery for negligence under maritime law by
longshoreman covered by the LHWCA). Petitioner's further
contention-that the policy implicit in the 1972 amendments to the
LHWCA bars a maritime action for wrongful death though the text of
those amendments (which left § 933 unchanged) permits it-cannot
succeed. We do not find, as petitioner does, an
anti-maritime-wrongful-death policy implicit in the amendment to §
905(b), see 86 Stat. 1263, which eliminated covered workers'
unseaworthiness claims against a vessel, see,
e. g., Bloomer
v.
Liberty Mut. Ins. Co., 445 U. S. 74, 83 (1980)
("Congress abolished the unseaworthiness remedy for longshoremen,
recognized in
Seas Shipping Co. v.
Sieracki, 328 U. S. 85 (1946)").
That amendment was directed not at wrongful death in particular,
but at unseaworthiness generally, see
Edmonds v.
Compagnie Generale Transatlantique, 443 U. S. 256, 262 (1979)
("Congress acted in 1972, among other things, to eliminate the
shipowner's liability to the longshoreman for unseaworthiness ...
-in other words, to overrule
Sieracki"). To the extent the
amendment to § 905(b) reflects any policy relevant here, it is in
expressly ratifying longshore and harbor workers' claims against
the vessel for
negligence, see
id., at 259-260. The
LHWCA therefore does not preclude this negligence action for
wrongful death.
820
GINSBURG, J., concurring in part
2
Even beyond the express pre-emptive reach of federal maritime
statutes, however, we have acknowledged that they contain a further
prudential effect. "While there is an established and continuing
tradition of federal common lawmaking in admiralty, that law is to
be developed, insofar as possible, to harmonize with the enactments
of Congress in the field."
American Dredging Co. v.
Miller, 510 U.
S. 443, 455 (1994). Cf.
Grupo Mexicano de Desarrollo, S.
A. v.
Alliance Bond Fund, Inc., 527 U. S. 308, 332-333
(1999) (equitable lawmaking power of bankruptcy courts limited by
statute). Because of Congress's extensive involvement in
legislating causes of action for maritime personal injuries, it
will be the better course, in many cases that assert new claims
beyond what those statutes have seen fit to allow, to leave further
development to Congress. The cause of action we recognize today,
however, is new only in the most technical sense. The general
maritime law has recognized the tort of negligence for more than a
century, and it has been clear since
Moragne that breaches
of a maritime duty are actionable when they cause death, as when
they cause injury. Congress's occupation of this field is not yet
so extensive as to preclude us from recognizing what is already
logically compelled by our precedents.
***
The maritime cause of action that
Moragne established for
unseaworthiness is equally available for negligence.
We affirm the judgment of the Court of Appeals.
It is so ordered.
JUSTICE GINSBURG, with whom JUSTICE SOUTER and JUSTICE BREYER
join, concurring in part.
I join all but Part II-B-2 of the Court's opinion. Following the
reasoning in
Moragne v.
States Marine Lines, Inc.,
398 U. S. 375
(1970), the Court today holds that
821
the maritime cause of action
Moragne established for
unseaworthiness is equally available for negligence. I agree with
the Court's clear opinion with one reservation. In Part II-B-2, the
Court counsels: "Because of Congress's extensive involvement in
legislating causes of action for maritime personal injuries, it
will be the better course, in many cases that assert new claims
beyond what those statutes ... allow, to leave further development
to Congress."
Ante, at 820.
Moragne itself, however,
tugs in the opposite direction. Inspecting the relevant
legislation, the Court in
Moragne found no measures
counseling against the judicial elaboration of general maritime law
there advanced. See 398 U. S., at 399-402, 409; see also id., at
393 ("Where death is caused by the breach of a duty imposed by
federal maritime law, Congress has established a policy favoring
recovery in the absence of a legislative direction to except a
particular class of cases."). In accord with
Moragne, I see
development of the law in admiralty as a shared venture in which
"federal common lawmaking" does not stand still, but "harmonize[s]
with the enactments of Congress in the field."
Ante, at 820
(quoting
American Dredging Co. v.
Miller, 510 U. S.
443, 455 (1994)). I therefore do not join the Court's dictum.
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