ROY A. LOLLIE AND FAYE G. LOLLIE, PLAINTIFFS-APPELLANTS,
v.
BROWN MARINE SERVICE, INC., DEFENDANT-APPELLEE

11th Cir. | 1993-07-27
No. 91-3842
Before EDMONDSON and BLACK, Circuit Judges, and MELTON , Senior District Judge.
995 F.2d 1565 Court of Appeals for the Eleventh Circuit (1993) Negative Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM:

PER CURIAM: Appellants brought this personal injury action under the Jones Act and general maritime law. On appeal, they argue the district court erred in granting judgment on the pleadings to appellee on their claims for loss of consortium and society. Adopting the reasoning in Michel v. Total Transp., Inc., 957 F. 2d 186, 191 (5th Cir.1992) and Murray v. Anthony J. Bertucci Constr. Co., 958 F. 2d 127, 131-32 (5th Cir.), cert, denied, — U.S. -, 113 S.Ct. 190, 121 L.Ed.2d 134 (1992), we hold that neither the Jones Act nor general maritime law authorizes recovery for loss of society or consortium in personal injury cases. The rest of appellants’ claims, which involve the district court’s jury charges, also lack merit. AFFIRMED.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Frango v. Royal Caribbean Cruises, Ltd., 891 So. 2d 1208 (Fla. 3d DCA 2005)
    …es Supreme Court should decide to add state remedies to the [*1211] admiralty remedies for personal injury, personal injury claimants have no claim for nonpecuniary damages.... ” Id. at 1429. The court relied on Lollie v. Brown Marine Serv., Inc., 995 F. 2d 1565 (11th Cir. 1993), which held that “neither the Jones Act nor general maritime law authorizes recovery for loss of society or consortium in personal injury cases.” Id. at 1565. Although there is authority to the contrary, such as Wartman v. Commodor…
  • In re Amtrack "Sunset Limited" Train Crash IN Bayou Canot v. Altosino, 121 F.3d 1421 (11th Cir. 1997)
    …n and in those very rare situations of intentional wrongdoing. We are aware of no decision in the Supreme Court or in any of the circuit courts which has authorized punitive damages in a personal injury case. In Lollie v. Brown Marine Serv., Inc., 995 F. 2d 1565, 1565 (11th Cir.1993), we looked disfavorably on the availability of nonpeeuniary damages under the general maritime law. Specifically, we held that “neither the Jones Act nor general maritime law authorizes recovery for loss of society or consorti…
  • Struve v. Brown, 510 F. Supp. 3d 1311 (M.D. Fla. 2025)
    …ms remains to be answered. II. Discussion It has long been the rule in the Eleventh Circuit that “general maritime law [does not] authorize[] recovery for loss of society or consortium in personal injury cases.” Lollie v. Brown Marine Serv., Inc., 995 F.2d 1565, 1565 (11th Cir. 1993). The Supreme Court seemed to undermine this authority in Yamaha Motor Corp., U.S.A. v. Calhoun, which allowed state wrongful-death actions to supplement federal maritime law. 516 U.S. 199 (1996). But the Eleventh Circuit has s…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw