(A)STATE COURT HAS JURISDICTION OF DOHSA CLAIM; (B) WHERE SHIPBOARD INCIDENT CONTRIBUTES TO DEATH OF PASSENGER 18 MONTHS LATER, DOHSA IS EXCLUSIVE REMEDY; (C) WORKERS COMPENSATION CARRIER'S SUBROGATION CLAIM IS DERIVATIVE AND THEREFORE IS LIMITED TO DOHSA
FRANK GAROFALO, Plaintiff, v. PRINCESS CRUISES, INC.,Defendant and Respondent; SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP,Intervener and Appellant.
B127126
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT,DIVISION THREE
2000 Cal. App. LEXIS 999
December 29, 2000, Filed
OPINION: This case presents a novel issue arising from the intersection of the Death on the High Seas Act ("DOHSA"), 46 United States Code section 761 et seq., and the California workers' compensation law. The question is whether DOHSA preempts an employer's state law claim in a subrogation action to recover from a third party tortfeasor sums the employer was obligated to pay for an employee's injury. We hold that it does. We also hold that California courts have concurrent jurisdiction over DOHSA claims.
(1) DOHSA preempts state wrongful death and survival[*24] claims when the incident leading to death occurs on the high seas; and (2) DOHSA limits recovery to pecuniary damages and prohibits litigants from supplementing their DOHSA claims with claims brought either under state law or the general maritime law. (E.g., Zicherman v. Korean Air Lines Co. (1996) 516 U.S. 217, 230, 133 L. Ed. 2d 596, 116 S. Ct. 629.)
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