Rebstock v. Sonat Offshore Drilling, 764 F. Supp. 75 (E.D. La. 1991). · Go Syfert
Rebstock v. Sonat Offshore Drilling, 764 F. Supp. 75 (E.D. La. 1991). Cases Citing This Book View Copy Cite
35 citation events (2 in the last 25 years) across 7 distinct courts.
Strongest positive: Scarborough v. Clemco Industries (ca5, 2004-11-22)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 11 distinct citers.
discussed Cited as authority (rule) Scarborough v. Clemco Industries
5th Cir. · 2004 · confidence medium
Boat Rentals, Inc., 326 F.Supp.2d 754, 759 (E.D.La.2004) (holding that Miles does not preclude the recovery of nonpecuniary damages in personal injury suits by Jones Act seaman against non-employer third parties); Rebstock v. Sonat Offshore Drilling, 764 F.Supp. 75, 76 (E.D.La.1991) (holding that Jones Act seaman status has no relevance in allowing a seaman recovery under general maritime negligence law against a non-employer third party); Trident Marine, Inc. v. M/V Atticos, 876 F.Supp. 832, 837 (E.D.La.1994) (holding that loss of society damages are not available to the survivors of a Jones …
discussed Cited as authority (rule) Stogner v. Central Boat Rentals, Inc.
E.D. La. · 2004 · confidence medium
See, e.g., Denet, 1999 WL 329698 , at *2-*3 (finding that there is no basis to extend Miles beyond the seaman-employer relationship); Rebstock v. Sonat Offshore Drilling, 764 F.Supp. 75, 76 (E.D.La.1991) (holding that status as a Jones Act seaman has no relevance in allowing a seaman recovery for a general maritime law negligence action against third parties); Verdin v. L&M Bo-Truc Rental, Inc., Civ.A.No. 88-308, 1991 WL 87930 , at *4 (E.D.La.
discussed Cited as authority (rule) Schwartz v. Neches-Gulf Marine, Inc.
S.D. Tex. · 1999 · confidence medium
As this Court has noted previously, “ ‘Miles v. Apex sought to establish a uniform rule for seaman suing their employers.’ ” Gerdes v. G & H Towing Co., 967 F.Supp. 943, 945 (S.D.Tex.1997) (quoting Rebstock v. Sonat Offshore Drilling, 764 F.Supp. 75, 75-76 (E.D.La.1991)), and Guevara specifically states “that actions under the general maritime law for personal injury are also subject to the Miles uniformity principle, as non-fatal actions for personal injury to a seaman are covered by statute—i.e., the Jones Act.” Guevara, 59 F.3d at 1506 (en banc) (footnote omitted); see Murray …
cited Cited as authority (rule) Cleveland Tankers, Inc. v. American Steamship Co.
E.D. Mich. · 1994 · confidence medium
See e.g., Doca v. Marine Mercante Nicaragüense, S.A., 634 F.2d 30 , 34 & n. 2 (2nd Cir.1980) (citation omitted); Rebstock v. Sonat Offshore Drilling, 764 F.Supp. 75, 76 (E.D.La.1991) (citing T.
discussed Cited as authority (rule) Smallwood v. American Trading & Transportation Co.
N.D. Cal. · 1993 · confidence medium
See, e.g., Mussa v. Cleveland Tankers, 802 F.Supp. 84 , 86 (E.D.Mich.1992) (punitive damages recoverable); Sugden v. Puget Sound Tug & Barge Co., 796 F.Supp. 455, 456-57 (W.D.Wash.1992) (loss of society damages recoverable because same damages re eoverable by survivor of longshore worker); Rebstock v. Sonat Offshore Drilling, 764 F.Supp. 75, 76 (E.D.La.1991) (loss of consortium and society recoverable).
cited Cited as authority (rule) Vedros v. Public Grain Elevator of New Orleans, Inc.
La. Ct. App. · 1993 · confidence medium
Id. at 76.
cited Cited as authority (rule) Vedros v. PUBLIC GRAIN ELEVATOR OF NO, INC.
La. Ct. App. · 1993 · confidence medium
Id. at 76.
discussed Cited as authority (rule) Carnival Cruise Lines v. Red Fox Industries, Inc.
E.D. La. · 1993 · confidence medium
E.g., Tullos v. Resource Drilling, Inc.,, 750 F.2d 380, 386 (5th Cir.1985) (spouse of Jones Act seaman injured on board an oil-drilling vessel, entitled to loss of consortium damages against vessel owner since loss of consortium claim was not asserted as part of Jones Act claim against employer); Rebstock v. Sonat Offshore Drilling, 764 F.Supp. 75, 76 (E.D.La.1991) (spouse of Jones Act seaman can recover loss of consortium damages in a general maritime law negligence action against a third party).
examined Cited "see" Trident Marine, Inc. v. M/V Atticos (3×)
E.D. La. · 1994 · signal: see · confidence high
See Rebstock v. Sonat Offshore Drilling,. 764 F.Supp. 75 (E.D.La. 1991).
cited Cited "see" Ellender v. John E. Graham & Co.
E.D. La. · 1992 · signal: see · confidence high
See Rebstock v. Sonat Offshore Drilling, et al., 764 F.Supp. 75 (E.D.La.1991).
discussed Cited "see, e.g." Gerdes v. G & H Towing Co.
S.D. Tex. · 1997 · signal: compare · confidence low
Compare Trident Marine, Inc. v. M/V Atticos, 876 F.Supp. 832 (E.D.La.1994) (holding that a Jones Act plaintiff may not recover nonpecuniary damages from nonemployer third-party tortfeasor for negligence under the general maritime law), and Carnival Cruise Lines v. Red Fox Indus., Inc., 813 F.Supp. 1185 (E.D.La.) (holding that loss of society damages were not recoverable by survivors under general maritime law against third-party defendant in a wrongful death action under Death on the High Seas Act), aff'd, 30 F.3d 1493 (5th Cir.1994) (mem.), with Rebstock v. Sonat Offshore Drilling, 764 F.Supp…
Robert J. REBSTOCK, Sr., Et Al.
v.
SONAT OFFSHORE DRILLING, Et Al.
Civ. A. 90-3902.
District Court, E.D. Louisiana.
Apr 25, 1991.
764 F. Supp. 75
Robert A. McMahon, Jr., Bernard, Cassi-sa Law Firm, Metairie, La., for plaintiff Robert J. Rebstock, Sr., Patricia A. Krebs and Richard J. Guidry, Nesser, King & LeBlanc, New Orleans, La., for defendant Sonat Offshore Drilling, Inc. and defendant Amoco Production Co.
Mentz.
Cited by 15 opinions  |  Published

MEMORANDUM OPINION

MENTZ, District Judge.

Before the court is a motion filed by the defendants Sonat Offshore Drilling (Sonat) and Amoco Production Company (Amoco) to dismiss the claims of the plaintiff Louvi-nia Rebstock for loss of consortium, service, and society. After reviewing the motion, memoranda of counsel, the record, and the law, the court denies the motion.

Following the Supreme Court decision in Miles v. Apex, — U.S. -, 111 S.Ct. 317, 112 L.Ed.2d 275 (1990), courts in this district have held that the spouse of a Jones Act seaman is not entitled to damages for loss of consortium under the general maritime law of unseaworthiness. See Breland v. Western Oceanic, Inc., 755 F.Supp. 718 (W.D.1991); Anglada v. Tidewater, Inc., 752 F.Supp. 722 (E.D.La.1990); Turley v. Co-Mar Offshore Marine Corp., No. 90-2497, 1991 WL 42564 (E.D.La. March 21, 1991); McGee v. Bean Dredging Corp., No. 90-0394 (E.D.La. March 8, 1991); Lacroix v. Exploration Employment Service, Inc., No. 90-0985 (E.D.La. February 6, 1991). [1]

A Jones Act seaman’s recovery for negligence against his employer is limited to a recovery under the Jones Act; the seaman cannot assert a general maritime law negligence claim against his employer. However, the seaman may assert a general maritime law unseaworthiness claim against his employer. Under the Jones Act, the seaman may recover only for pecuniary losses; loss of consortium is not provided for. The Court’s holding was intended to insure that a Jones Act seaman asserting a claim under the Jones Act and the doctrine of unseaworthiness against his employer did not recover more than Congress intended when it established the Jones Act. The Supreme Court stated in Miles v. Apex that it would not sanction more expansive remedies in a judicially created remedy than Congress provided for in the Jones Act. Miles, 111 S.Ct. at 325.

In the present case, the plaintiffs have not asserted a Jones Act claim. The[*76] plaintiffs have asserted a general maritime law negligence action against third parties. Mr. Rebstock’s status as a Jones Act seaman has no relevence in connection with this suit. Recovery under the general maritime law of negligence is essentially the same as under the common law and loss of consortium damages are recoverable. The facts of the present case are similar to a Fifth Circuit case in which the spouse of a seaman who asserted a general maritime law negligence claim against a third party was allowed to recover damages for loss of consortium. Tullos v. Resource Drilling, Inc., 750 F.2d 380, 386 (5th Cir.1985). Because Miles v. Apex and its progeny do not affect Tullos’s holding on this issue, the court finds that Mrs. Rebstock should be allowed to pursue her claims against the defendants.

The uniformity sought by the Miles v. Apex Court is not affected by this court’s ruling. Miles v. Apex sought to establish a uniform rule for seaman suing their employers. Seaman suing third parties were not considered by the Supreme Court. Indeed, to rule that the spouse of an injured seaman is not entitled to loss of consortium damages under the general maritime law of negligence would create an inconsistency between seamen and longshoremen. Under section 5(b) of the Longshore and Harbor Workers’ Act, 33 U.S.C. sections 901-950, which permits a longshoreman to sue a nonemployer vessel owner for negligence, the spouse of the longshoreman is permitted to recover loss of consortium damages. See T. Schoenbaum, Admiralty and Maritime Law, section 6-10, at 221. Uniformity is best promoted by allowing a seaman to recover the same damages for negligence that a longshoreman may recover.

Accordingly,

IT IS ORDERED that the defendants’ motion to dismiss the claims of Mrs. Reb-stock be DENIED and the motion scheduled for APRIL 24, 1991 be CANCELED.

1

. All of the above cases involved a Jones Act claim by the injured seaman against the seaman’s employer combined with claims for unseaworthiness under the general maritime law.