CURCURU v. ROSE'S OIL SERVICE, INC.


441 Mass. 12 (2004)

DONNA CURCURU v. ROSE'S OIL SERVICE, INC. (and four companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

February 9, 2004.


Attorney(s) appearing for the Case

Joseph G. Abromovitz for Donna Curcuru & another.

Stephen M. Ouellette (Brian S. McCormick with him) for Vera Curcuru & another.

Thomas E. Clinton (Robert E. Collins with him) for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


SOSMAN, J.

The sole issue presented in these appeals is whether a plaintiff is entitled to a jury trial on a claim brought in the Superior Court seeking recovery under the Death on the High Seas Act (DOHSA), 46 U.S.C. App. §§ 761 et seq. (2000). The trial judge submitted the plaintiffs' DOHSA claims to the jury on an advisory basis; after the jury answered special questions in favor of the plaintiffs, the judge...

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