Argument of Speaker
Mr. Speaker: The opinion of the Court in No.94-1387, Yamaha Motor Corporation versus Calhoun will be announced by Justice Ginsburg.
Argument of Justice Ginsburg
Mr. Ginsburg: This controversy sends some of the tragic death of 12 year old Natalie Calhoun in the summer of 1989 in a jet ski accident.
On vacation with family friends at the Beach Park resort in Puerto Rico, Natalie whose home state was Pennsylvania rented a jet ski made by petitioner Yamaha Motor Corporation.
While riding the jet ski, Natalie slammed into a vessel anchored in waters fronting the hotel and was killed.
Natalie’s parents, respondent Lucien and Robin Calhoun sued Yamaha in Federal District Court alleging that the jet ski was defectively designed or made.
The Calhouns sought to recover damages under Pennsylvania’s wrongful death and survival statutes.
Yamaha argued that state remedies could not be applied because the death occurred in navigable waters.
In 1970, in Moragne against States Marine Lines this Court recognized a federal maritime action for wrongful death.
That action governed, Yamaha contended, to the exclusion of more generous remedies available under state law.
The District Court agreed with Yamaha that state remedies were unavailable to the Calhouns but the United States Court of Appeals for the Third Circuit disagreed.
We hold in accord with the Third Circuit that state wrongful death remedies remain applicable in cases of disorder in which no federal status specifies the appropriate relief and the decision was not engage in a maritime trade.
Traditionally, courts have applied state remedy in such cases, the sole question we address is whether the Moragne decision could an end to that practice.
Our answer is no.
Moragne centered on the extension of relief, where there was ones avoid and not on a contraction of remedies.
Grounded in a humane and liberal character of admiralty law, Moragne cannot be read to displace state remedy traditionally available to believe parties like the Calhouns.
The decision is unanimous.
