46 U.S.C. § 30305
Death of plaintiff in pending action
If a civil action in admiralty is pending in a court of the United States to recover for personal injury caused by wrongful act, neglect, or default described in section 30302 of this title, and the individual dies during the action as a result of the wrongful act, neglect, or default, the personal representative of the decedent may be substituted as the plaintiff and the action may proceed under this chapter for the recovery authorized by this chapter.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2010–2022 · leading case: Sherri Deem v. the William Powell Co., 33 F.4th 554 (9th Cir. 2022).
Sherri Deem v. the William Powell Co., 33 F.4th 554 (9th Cir. 2022). “Under 46 U.S.C. § 30305 the personal injury cause of action is for the benefit of the deceased.”
In Re S. Scrap Material Co., LLC, 713 F. Supp. 2d 568 (E.D. La. 2010). “Procedural History On April 11, 2006, Southern Scrap filed a limitation proceeding, seeking to limit its liability, pursuant to the Limitation of Liability Act, 46 U.S.C. § 30305 , to the post-casualty value of the drydock.”
Kuhl (S.D. Fla. 2022). “46 U.S.C. § 30305 (b). Whether a shipowner is entitled to limitation of liability involves a two-step inquiry: First, the court must determine what acts of negligence or conditions of unseaworthiness caused the accident.”
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