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DONALDSON v. NATIONAL MARINE, INC.

No. S110301.

25 Cal.Rptr.3d 584 (2005)

35 Cal.4th 503

107 P.3d 254

Richard DONALDSON, Plaintiff and Respondent, v. NATIONAL MARINE, INC., Defendant and Appellant.

Supreme Court of California.

March 14, 2005.

Attorney(s) appearing for the Case

Rushford & Bonotto, Phillip R. Bonotto, Brian M. Taylor, Sacramento, John P. Carty III, Modesto, and Carla L. Johansen, Sacramento, for Defendant and Appellant.

Wartnick, Chaber, Harowitz & Tigerman, The Wartnick Firm, Harry F. Wartnick, Martha A.H. Berman, Stephen M. Tigerman, Richard A. Brody, San Francisco; Law Offices of Daniel U. Smith and Daniel U. Smith, Kentfield, for Plaintiff and Respondent.

CHIN, J.

In this case, involving a maritime injury occurring beyond state borders, we consider whether the trial court had jurisdiction to entertain a wrongful death claim under the federal Jones Act (46 U.S.C. Appen. § 688 et seq.), legislation that provides remedies for injury or death to seamen occurring in the course of their employment. We conclude that indeed our state courts possess concurrent jurisdiction with federal courts over such Jones Act claims...

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