ACTION FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS BASED ON INJURY TO ANOTHER REQUIRES NEARNESS TO THE ACCIDENT SCENE UNDER MARITME LAW
MARTIN GOULD, JR. VERSUS M/V GOLDEN DESTINY, ET AL
CIVIL ACTION NO. 00-304 SECTION "N"
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2001 U.S. Dist. LEXIS 5969
April 27, 2001, Decided
PROCEDURAL POSTURE: In a tort action arising from a diving accident, among the damages sought, plaintiff family members sued for negligent infliction of emotional distress. Defendants moved for partial summary judgment.
OVERVIEW: Plaintiff victim was struck by defendant's boat while diving. He alleged six causes of action and sought monetary damages. Plaintiff victim's family members also sought damages for the negligent infliction of emotional distress. These plaintiffs were not with plaintiff victim at the time of the accident. Defendants' motion for partial summary judgment was granted regarding the plaintiff family members' claims. Under federal maritime law, a plaintiff could not recover damages for negligent infliction of emotional distress for injury sustained by another unless he or she was near the scene of the accident. The court rejected the plaintiffs' assertion that admiralty rules did not apply in this case because of inconsistent Puerto Rican legislation, specifically 12 P.R. Laws Ann. ß 1395(e)(h). This statute dealt with the negligent operation of a vessel by a third party. It did not pertain to a negligent infliction of emotional distress claim in an admiralty case.
OUTCOME:Defendants' motion for partial summary judgment was granted.
