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GIBSON v. AM. EXP.

140 Misc.2d 33 (1988)

Anna Gibson, Plaintiff, v. American Export Isbrandtsen Lines, Inc., Defendant.

Supreme Court, New York County.

May 31, 1988

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens (Geoffrey D. Ferrer of counsel), for defendant. Kenneth Heller for plaintiff.

STANLEY L. SKLAR, J.

American Export Isbrandtsen Lines' motion to dismiss the complaint of the spouse of an injured seaman for failure to state a cause of action is denied. The United States Supreme Court's recognition of the existence of a loss of consortium claim of the spouse of a seaman injured in State territorial waters applies retroactively.

THE FACTS

On February 1, 1970, John Gibson, the seaman-husband of plaintiff Anna Gibson...

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