Elaine Jones v. Griffith, 513 F.2d 911 (5th Cir. 1975). · Go Syfert
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Elaine Jones v. Griffith, 513 F.2d 911 (5th Cir. 1975). Cases Citing This Book View Copy Cite
45 citation events (2 in the last 25 years) across 11 distinct courts.
Strongest positive: Ruth Culver, Cross-Appellees v. Slater Boat Co., Cross Europirates International, Inc., and Cross- Appellees-Appellants v. Odeco Drilling, Cross (ca5, 1982-09-22) · Strongest negative: Warnie Lee Ivy, Cross-Appellants v. Security Barge Lines, Inc., Cross-Appellee (ca5, 1979-11-13)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
examined Cited "but see" Warnie Lee Ivy, Cross-Appellants v. Security Barge Lines, Inc., Cross-Appellee (3×) also: Cited "see, e.g."
5th Cir. · 1979 · signal: but see · confidence high
But see Petition of M/V ELAINE JONES, 5 Cir., 1973, 480 F.2d 11, 33-34 , 1973 AMC 843, 870-71 (modified upon rehearing, after Gaudet was decided, 513 F.2d 911 , 1975 AMC 2098 ); p. 527 10 It is certainly true that the Gaudet dissenters also felt that the majority was repudiating the pecuniary loss limitation expressly contained in the Death on the High Seas Act (DOHSA), and this portion of the dissent was relied upon in Law v. Sea Drilling Corp., 5 Cir., 1975, 523 F.2d 793, 796 , 1977 AMC 2394 , 2397 (on rehearing) (Law II ).
discussed Cited as authority (rule) Ruth Culver, Cross-Appellees v. Slater Boat Co., Cross Europirates International, Inc., and Cross- Appellees-Appellants v. Odeco Drilling, Cross (2×)
5th Cir. · 1982 · confidence medium
Again, specifically on the basis of Penrod, we concluded in Petition of M/V ELAINE JONES, 513 F.2d 911, 912 (5th Cir. 1975) cert. denied, 423 U.S. 840 , 96 S.Ct. 71 , 46 L.Ed.2d 60 (1975), that the District Court erred by including a 2% per year cost of living increase in the computation of loss of future earnings.
discussed Cited as authority (rule) Arla Bodden v. American Offshore, Inc., American Operators, Inc., and Zodiac Workboats, S. A. (2×)
5th Cir. · 1982 · confidence medium
Accord, Smith v. Ithaca Corporation, 612 F.2d 215, 226 (5th Cir. 1980) (Wisdom, J.); 29 Hlodan v. Ohio Barge Line, Inc., 611 F.2d 71, 75 , 1980 A.M.C. 2644 (5th Cir. 1980) 30 ; Canal Barge Co. v. Griffith, 513 F.2d 911, 912-13 (5th Cir. 1975).
discussed Cited as authority (rule) Ivy v. Security Barge Lines, Inc.
N.D. Miss. · 1976 · confidence medium
The Fifth Circuit, however, on petition for rehearing, remanded Canal Barge to the District Court for reexamination of its findings of general damages in light of the Gaudet decision; 1 Petition of M/V Elaine Jones, 513 F.2d 911, 913 (5th Cir. 1975).
discussed Cited "see" Delores Alston Smith, Etc. v. Ithaca Corporation and Texas City Tankers Corporation (2×) also: Cited "see, e.g."
5th Cir. · 1980 · signal: see · confidence high
See M/V Elaine Jones v. Griffith, 5 Cir. 1975, 513 F.2d 911, 912-13 ; McDonald v. Federal Barge Lines, Inc., 5 Cir. 1974, 496 F.2d 1376, 1377-78 .
discussed Cited "see" Mrs. Francis Nell Higginbotham, Admx., Etc., of Marshall K. Higginbotham, Deceased, Etc., Cross-Appellants v. Mobil Oil Corporation, Cross-Appellees. Mrs. Wanda Moore Long, Admx. Of the Estate of Deceased Joseph C. Long, Jr., Etc. v. Bell Helicopter Co., Etc., Jeanette Leblanc Nation, Personal Representative for Ella Menard Nation and Roy Glen Nation v. Textron Industries, Inc., Etc., Mrs. Arline J. Shinn, Individually, Etc. v. Mobil Oil Corporation and Bell Helicopter
5th Cir. · 1977 · signal: see · confidence high
See Canal Barge v. Griffith, 5 Cir. 1975, 513 F.2d 911, 912 (on rehearing); Skidmore v. Grueninger, 5 Cir. 1975, 506 F.2d 716, 727-29 . 44 Judge Scott found that both the Shinn and Higginbotham representatives were entitled to recover under the Moragne maritime wrongful death remedy; he refused to award damages for loss of society only because, as just noted, the law of the circuit at that time was that loss of society was not a compensable item in a Moragne action.
cited Cited "see" Higginbotham v. Mobil Oil Corp.
5th Cir. · 1977 · signal: see · confidence high
See Canal Barge v. Griffith, 5 Cir. 1975, 513 F.2d 911, 912 (on rehearing); Skidmore v. Grueninger, 5 Cir. 1975, 506 F.2d 716, 727-29 .
discussed Cited "see, e.g." Tampa Port Authority v. M/V DUCHESS
M.D. Fla. · 1997 · signal: see also · confidence low
See also Petition of M/V Elaine Jones, 480 F.2d 11 (5th Cir.1973), amended by Canal Barge Co., Inc. v. Griffith, 513 F.2d 911 (5th Cir.1975), cert. denied, 423 U.S. 840 , 96 S.Ct. 71 , 46 L.Ed.2d 60 (1975) (“A party suffering injury to his property is entitled to no more than restoration to its condition prior to the wrong.”).
cited Cited "see, e.g." Pillsbury Co. v. Midland Enterprises, Inc.
E.D. La. · 1989 · signal: see also · confidence low
P-6; see also Petition of M/V Elaine Jones, 480 F.2d 11, 16 (5th Cir.1973), modified on other grounds, 513 F.2d 911 (5th Cir.), cert. denied sub nom.
discussed Cited "see, e.g." Beverly Nygaard, as Administratrix of the Estate of Michael Clyde Sullivan, Deceased v. Peter Pan Seafoods, Inc.
9th Cir. · 1983 · signal: see, e.g. · confidence low
See, e.g., Petition of M/V Elaine Jones, 480 F.2d 11, 32 (5th Cir.1973), reh. granted, 513 F.2d 911 , cert. denied, 423 U.S. 840 , 96 S.Ct. 71 , 46 L.Ed.2d 60 (1975); Igneri v. Cie. de Transports Oceaniques, 323 F.2d 257, 266 (2d Cir.1963), cer., denied, 376 U.S. 949 , 84 S.Ct. 965 , 11 L.Ed.2d 969 (1964); Cleveland Tankers, Inc. v. Tierney, 169 F.2d 622 (6th Cir.1948).
discussed Cited "see, e.g." Warnie Lee Ivy, Cross-Appellants v. Security Barge Lines, Inc., Cross-Appellee
5th Cir. · 1978 · signal: see, e.g. · confidence low
See, e. g., In re M/V Elaine Jones, 5 Cir. 1973, 480 F.2d 11 , reh. granted, 1973, 513 F.2d 911 , cert. denied, 1975, 423 U.S. 840 , 96 S.Ct. 71 , 46 L.Ed.2d 60 ; Cities Service Oil Co. v. Launey, 5 Cir. 1968, 403 F.2d 537 ; Igneri v. Cie. de Transports Oceaniques, 2 Cir. 1963, 323 F.2d 257 , cert. denied, 1964, 376 U.S. 949 , 84 S.Ct. 965 , 11 L.Ed.2d 969 ; United States v. Boykin, 5 Cir. 1931, 49 F.2d 762 .
discussed Cited "see, e.g." Bunge Corporation v. M/V Furness Bridge
5th Cir. · 1977 · signal: see also · confidence low
See also Petition of M/V Elaine Jones, 480 F.2d 11 (5th Cir. 1973), modified at 513 F.2d 911 (5th Cir. 1975). "(S)uch skillfulness requires a high degree of knowledge predicated on special training and inquiry, and not casual competence".
discussed Cited "see, e.g." Bunge Corp. v. M/V Furness Bridge
5th Cir. · 1977 · signal: see also · confidence low
See also Petition of M/V Elaine Jones, 480 F.2d 11 (5th Cir. 1973), modified at 513 F.2d 911 (5th Cir. 1975). “[S]uch skillfulness requires a high degree of knowledge predicated on special training and inquiry, and not casual competence”.
examined Cited "see, e.g." Robert K. Christofferson and Oleta L. Christofferson v. Halliburton Company (4×)
5th Cir. · 1976 · signal: see also · confidence low
See also Canal Barge Co., Inc. v. Griffith, 480 F.2d 11, 31 (5th Cir. 1973), modified 513 F.2d 911 (1975), cert. denied, 423 U.S. 840 , 96 S.Ct. 71 , 46 L.Ed.2d 60 (1975), where in a different context this Court specifically approved the Igneri holding.
cited Cited "see, e.g." Vana Trading Co., Inc. v. SS Mette Skou
S.D.N.Y. · 1976 · signal: see, e.g. · confidence low
See, e.g., Petition of M/V Elaine Jones, 480 F.2d 11, 23-24 (5th Cir. 1973), modified on other grounds, 513 F.2d 911 , cert. denied, 423 U.S. 840 , 96 S.Ct. 71 , 46 L.Ed.2d 60 (1975).
Retrieving the full opinion text from the archive…
Petition of Canal Barge Company, Inc., as Owner and Operator of the M/v Elaine Jones, Praying for Exoneration From or Limitation of Liability. Canal Barge Company, Inc., Cross
v.
Mary Kathryn Griffith, Individually, and as Administratrix of the Estate Ofgeorge L. Griffith, Deceased, Cross Terminal Railroad Assoc. Of St. Louis
71-2226.
Court of Appeals for the Fifth Circuit.
May 16, 1975.
513 F.2d 911
Cited by 13 opinions  |  Published

513 F.2d 911

Petition of Canal Barge Company, Inc., as owner and operator
of the M/V ELAINE JONES, praying for exoneration
from or limitation of liability.
CANAL BARGE COMPANY, INC., Petitioner-Appellant Cross Appellee,
v.
Mary Kathryn GRIFFITH, Individually, and as Administratrix
of the Estate ofGeorge L. Griffith, Deceased,
Respondent-Appellee Cross Appellant,
Terminal Railroad Assoc. of St. Louis, et al., Respondent-Appellees.

No. 71-2226.

United States Court of Appeals,
Fifth Circuit.

May 16, 1975.

Robert B. Acomb, Jr., New Orleans, La., Douglas C. Wynn, Greenville, Miss., for petitioner-appellant.

Harry E. Barsh, Jr., Lake Charles, La., Clayton J. Swank, III, Greenville, Miss., Elmer Price, St. Louis, Mo., for respondents-appellees.

Frank S. Thackston, Jr., J. A. Lake, Greenville, Miss., for Terminal Railroad.

[*~911]1

Appeal from the United States District Court for the Northern District of Mississippi.

2

(ON PETITION FOR REHEARING)

3

(Opinion March 30, 1973, 5 Cir. 1973, 480 F.2d 11.)

4

Before GODBOLD and RONEY, Circuit Judges and BOYLE, District Judge.

BY THE COURT:

5

The petition for rehearing of Canal Barge Company, Inc., with respect to the issue of whether the District Court erred by including in the computation of loss of future earnings a 2% per year cost of living increase is granted. In Johnson v. Penrod Drilling Company, 510 F.2d 234 (CA5, 1975), this Court, sitting en banc, held that the influence of possible inflation or deflation on future damages is too speculative a matter for judicial determination and, therefore, that the trier of fact should not be instructed to take into account future inflationary or deflationary trends in computing future lost earnings. Accordingly, we conclude, on rehearing, that the District Court erred by including a 2% per year cost of living increase in the computation of loss of future earnings.

6

The order of the Court denying the petition for rehearing of Mary K. Griffith, etc., 480 F.2d 11 at 34, is vacated insofar as it concerned those damages, other than pecuniary, which plaintiff is entitled to recover in a general maritime action for the wrongful death of George L. Griffith. In the case at bar, the District Court found that Griffith's dependents had sustained general damages for loss of love, affection, companionship and society. The District Court, however, declined to award such damages, holding that the applicable law did not authorize an award of general damages. Petition of Canal Barge Company, 323 F.Supp. 805, 814 (N.D.Miss.1971). On appeal, this Court affirmed the denial of general damages to Griffith's dependents under a general maritime action for wrongful death. 480 F.2d at 29-30.

7

Subsequent to our decision on appeal, the Supreme Court, in Sea-Land Services, Inc. v. Gaudet, 414 U.S. 573, 584, 94 S.Ct. 806, 39 L.Ed.2d 9 (1974), concluded that, under the maritime wrongful death remedy, the decedent's dependents may recover damages for their loss of support, services, and society, as well as funeral expenses. In McDonald v. Federal Barge Lines, Inc., 496 F.2d 1376 (5th Cir. 1974), this Court held that Gaudet damages were proper where, as here, there was liability for the death of a seaman under both the Jones Act and the general maritime law. Accord Landry v. Two R. Drilling Co., 511 F.2d 138 (5th Cir. 1974).

8

On rehearing, it is not possible to determine if those general damages found, but not awarded, by the District Court in the instant case are identical to those enumerated by the Supreme Court in Gaudet. Accordingly, the District Court on remand is directed to reexamine its findings of general damages in light of the dictates of the Gaudet decision.

9

The Petition of Canal Barge Company, Inc. to certify the question to the Supreme Court of the United States is denied.

10

Affirmed in part, reversed in part, and remanded for proceedings not inconsistent with our previous opinion, 480 F.2d 11, as amended by this order.

[*~912]11

The stay of the mandate is vacated.