WRONGFUL DEATH CASE DISMISSED SINCE VESSEL DID NOT COME TO THE UNITED STATES EVEN THOUGH VESSEL OWNERS BASE OF OPERATIONS WAS IN THE UNITED STATES AND VESSEL OWNER WAS A UNITED STATES CITIZEN.
ATMA SINGH, Plaintiff, -v- OMI CORPORATION et al.,Defendants.
00 Civ. 156 (JSR)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
2001 U.S. Dist. LEXIS 86
January 8, 2001, Decided
January 10, 2001, Filed
PROCEDURAL POSTURE: Plaintiff father of foreign citizen who was presumed drowned off the coast of a foreign country brought suit to recover damages on his claims of wrongful death, negligence, and unseaworthiness under the Jones Act, 46 U.S.C.S. § 688, and the Death on the High Seas Act, 46 U.S.C.S. § 761. Defendants vessel and owners moved to dismiss and for summary judgment.
OVERVIEW: Defendants moved to dismiss plaintiff's claims on the ground that plaintiff failed to show a sufficient nexus between his son's death and the United States to give the court subject matter jurisdiction under with the Jones Act, 46 U.S.C.S. § 688, or the Death on the High Seas Act (DOHSA), 46 U.S.C.S. § 761. Applying the Lauritzen factors, the court concluded that only three factors supporting a connection to the United States, the United States supplied the law of the forum, and defendant vessel owner had its base of operations in the United States and was a United States citizen. However, the fact that the United States supplied the law of the forum was accorded little weight because defendants had involuntarily been made a party. The remaining factors were of no great moment given the unrefuted evidence that defendant vessel never called on ports in the United States during the period of plaintiff's son's employment. Accordingly, as there was no substantial contact between the transaction at issue and the United States, the court lacked subject matter jurisdiction under the Jones Act and the DOHSA.
OUTCOME: Motion to dismiss was granted because there was no substantial contact between the transaction at issue and the United States.
