Charlotte SACKS and David Adam, Sr. in their Own Right for the Wrongful Death of their Son, David Adam, Jr., and as Survivors in Claim for the Causes of Action of David Adams, Jr.
v.
Vernon QUIROS, Jr. and Allen Walker.
Court of Appeal of Louisiana, Fifth Circuit.https://leagle.com/images/logo.png
May 30, 2001.
May 30, 2001.
Attorney(s) appearing for the Case
David E. Walle, Cristine A. Beal, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, LA, for defendant-relator, Audubon Insurance Company.
Daniel L. Dysart, Dysart & Tabary, L.L.P., Chalmette, LA, for defendant-relator, Allen Walker.
Antonio E. Papale, Hailey, McNamara, Hall, Larmann & Papale, L.L.P., Metairie, LA, David M. Hufft, Pivach & Pivach, L.L.C., Belle Chasse, LA, for defendant-relator, Vernon Quiros, Jr.
Peter L. Hilbert, Jr., Darnell Bludworth Dorothy S. Watkins Lawrence, Elizabeth S. Robins, Sher Garner Cahill Richter Klein McAlister & Hilbert, L.L.C., New Orleans, LA, for defendants-relators, Aquatic Technologies, Inc. and Darren Bourgeois in his capacity as an executive director of Aquatic Technologies, Inc.
Thomas Buck, George C. Aucoin, Jr., Blue Williams, L.L.P., Metairie, LA, for defendant-relator, Darren Bourgeois and The Sea Tigers.
Elton A. Foster, Buckley & Hayes, L.L.P., New Orleans, LA, for defendant-relator, State Farm Fire and Casualty Company.
Wiley J. Beevers, Raylyn R. Beevers, Bernard M. Plaia, Herbert G. Gautreaux, Beevers & Beevers, L.L.P., Gretna, LA, for plaintiffs-respondents, Charlotte Saacks and David Adam, Sr.
Court composed of Judges SOL GOTHARD, CLARENCE E. McMANUS, and PATRICK M. SCHOTT, Pro Tempore.
Court of Appeal of Louisiana, Fifth Circuit.
PATRICK M. SCHOTT, Judge, Pro Tempore.
This is a wrongful death and survival action by the parents of David Adam, Jr., who was killed in a diving accident in the Gulf of Mexico about 15 miles from the Louisiana shore. Defendants filed the dilatory exception of lack of procedural capacity, arguing that the Death on the High Seas Act (DOHSA), 46 U.S.C. 761 et seq., provided the exclusive remedy for damages, authorized recovery of pecuniary damages only, and provided...
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