768 F. Supp. 192 - Garner v. Dravo Basic Materials Co.’s Empirical Analysis

Citation profile

3 federal appellate · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[b]asically [the defendant] asserts that whether the decedent is a seaman, longshoreman, harbor worker or recreational boater, a wrongful death action only provides damages governed by the general maritime law. That general maritime law is set forth in Miles to preclude the recovery for any decedent’s lost future earnings.... [The defendant’s] argument is appealing on its face but it fails to provide a sound basis for prohibiting recovery of future income of non-seamen. Miles involves the death of a seaman and the Supreme Court appropriately looked to the Jones Act, which limits recovery to losses suffered during the decedent's lifetime.... The Supreme Court refused to go beyond the Congressionally limited system of recovery for a seaman's injury ■and death. These considerations are not present. [The decedent in this case], as a non-seaman who died on territorial waterways, is not covered by the Jones Act or the DOHSA.... It is inconsistent with federal maritime law to prohibit damages in the form of lost future income when there is no explicit statutory or federal common law prohibition on such damages.”

   1 later decision quote this exact passage
   e.g. In re Morehead Marine