Beckett

1. Introduction

Fifteen-year-old Stacy Beckett died of carbon monoxide poisoning while riding in a 1988 MasterCraft boat on the Rio Hardy River in Baja California. Her parents and brother sued the boat owner and operator and settled for $100,000. They also sued defendant MasterCraft Boat Company. The court granted MasterCraft’s summary judgment motion and plaintiffs appeal.

The question presented is whether the federal Death on the High Seas Act (the Act) (46 U.S.C. Appen. § 761 et seq.) provides the exclusive remedy by which plaintiffs may recover for Stacy’s death or whether they may recover damages under California’s wrongful death statute. (Code Civ. Proc., § 377.60.) Central to this issue is whether a 14-mile inland Mexican river is the “high seas” as defined by the Act. We conclude the Act provides the exclusive remedy for wrongful death occurring in foreign waters and preempts any state law remedy.

2. Discussion

A de novo appellate standard of review applies to an order granting summary judgment where there are no disputed facts. De novo review is also used “ ‘to determine the soundness of a trial court’s resolution of the meaning of a statute, as entailing a…