WELCH v. FUGRO GEOSCIENCES, INC.

No. 2000 CA 1231.

804 So.2d 710 (2001)

Linda Kay WELCH, Individually and as Tutrix for Daylon Chase Boswell and Kyler Welch and as Personal Representative of Byron Joseph Boswell and Lisa Periera, Individually and as Tutrix for Brandon Boswell and as Personal Representative of Byron Joseph Boswell v. FUGRO GEOSCIENCES, INC., and Its Insurer Signal Mutual Indemnity Association, Ltd.; Marshland Marine of Baytown, Texas, and Its Insurer XYZ Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 4, 2002.


Attorney(s) appearing for the Case

Russell L. Dornier, Baton Rouge, Counsel for Plaintiffs/Appellants, Linda Kay Welch, et al.

Evan T. Caffrey, Robert P. McCleskey, Jr., New Orleans, Counsel for Defendants/Appellees, Fugro Geosciences, Inc., and its insurer Signal Mutual Indemnity Association, Ltd.

Before: GONZALES, PETTIGREW, and SEXTON, JJ.


GONZALES, Judge.

In this case, the issue is whether the trial court correctly granted defendants' motion for summary judgment, which dismissed the claims of the plaintiff for punitive and other nonpecuniary damages. We find that punitive damages and other types of nonpecuniary damages are not recoverable under general maritime law for deaths of seamen or longshoremen in state waters and that this case is governed by general maritime law, which preempts Louisiana state...

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