BECAUSE THE SURVIVING SPOUSES' DOHSA CLAIMS WERE MARITIME CLAIMS, POST JUDGMENT INTEREST ON THEIR JUDGMENTS WAS TO BE CALCULATED PURSUANT TO FEDERAL LAW UNDER 28 U.S.C.S. § 1961; THEREFORE, THE TRIAL COURT PROPERLY APPLIED THE FEDERAL POST JUDGMENT INTER
DONNA CURCURU 1 vs. ROSE'S OIL SERVICE, INC. (and three companion cases 2 ).
APPEALS COURT OF MASSACHUSETTS
69 Mass. App. Ct. 510; 868 N.E.2d 1266; 2007 Mass. App. LEXIS 759
July 3, 2007, Decided
PROCEDURAL POSTURE: Plaintiff surviving spouses appealed judgments after rescript by the Suffolk Superior Court Department (Massachusetts) that applied the federal postjudgment interest rate of 2.07% instead of the Massachusetts postjudgment interest rate of 8.14% to judgments obtained under the Death on the High Seas Act (DOHSA), 46 U.S.C.S. § 761 et seq.
OVERVIEW: After a fishing vessel sunk during bad weather on the high seas, the surviving spouses of the lost crew members sued defendant company for wrongful death pursuant to the DOHSA "savings" clause in 46 U.S.C.S. § 767. They claimed that the company negligently performed repairs on the vessel, which conduct was said to be a substantial cause of the accident. Ultimately, after extensive litigation, appeal, and a remand, judgments after rescript were entered in favor of the surviving spouses. The appellate court found that the surviving spouses' DOHSA claims were maritime claims. Because the Supreme Judicial Court articulated a need for consistency with federal law in maritime cases where interest awards were at issue, postjudgment interest on the surviving spouses' DOHSA judgments was properly calculated pursuant to federal law under 28 U.S.C.S. § 1961.
OUTCOME: The judgments after rescript were affirmed.
