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GHOTRA v. BANDILA SHIPPING, INC.

No. 93-56326.

113 F.3d 1050 (1997)

Erica Kaur GHOTRA, minor, by Susan GHOTRA her guardian ad litem; Ravinder Singh Ghotra, minor, by Susan Ghotra, his guardian ad litem; Susan Ghotra, an individual, and as administratrix of the Estate of Kuldip S. Ghotra; Amolak Singh Ghotra; and Sarjit Kaur Ghotra, Plaintiffs-Appellants, v. BANDILA SHIPPING, INC.; "M/V Gracious", her Engines, Tackle, Apparel, Furniture and Appurtenances, in rem. Defendants-Appellees, v. PALM MARITIME, S.A., Defendant.

United States Court of Appeals, Ninth Circuit.

Decided May 13, 1997.

Attorney(s) appearing for the Case

Michael W. Lodwick, Fisher & Porter, Long Beach, California, for plaintiffs-appellants Erica Kaur Ghotra and Ravinder Singh Ghotra, Minors, by Susan Ghotra, Their Guardian Ad Litem; Susan Ghotra; Susan Ghotra, as Administrator of the Estate of Kuldip S. Ghotra.

Dennis M. Elber, Stolpman, Krissman, Elber, Mandel & Katzman, Long Beach, California, for plaintiffs-appellants Amolak Singh Ghotra and Sarjit Kaur Ghotra.

Albert E. Peacock III, Robert D. Feighner, Lisa K. Donahue, Keesal, Young & Logan, Long Beach, California, for defendants-appellees.

Before: PREGERSON, T.G. NELSON, Circuit Judges, and EZRA, District Judge.

OPINION

DAVID ALAN EZRA, District Judge.

We decide whether the family of a marine surveyor who died from injuries incurred aboard the M/V Gracious was entitled to a jury trial on the claims brought under the court's diversity jurisdiction, whether they may recover under state law for wrongful death, whether the decedent was owed a higher standard of care than the district court applied, and whether the family was entitled to recover for predeath pain and...

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