Price

INTRODUCTION

This appeal involves an admiralty claim. For purposes of focus and orientation it appears prudent to state the grounds for state court jurisdiction in the opening portion of the opinion. Article HI of the United States Constitution gives federal courts exclusive jurisdiction over all admiralty and maritime matters, but 28 United States Code section 1333 (1) grants state courts concurrent jurisdiction under the so-called “saving to suitors clause.” This clause provides for in personam remedies which “means that an injured party may have claims arising from a single accident under both federal maritime and state common or statutory law. State remedies under the savings to suitors clause may be pursued in state court or, if there is a basis for federal jurisdiction, in federal court. [Citation.] A maritime claim brought in the common law state courts is governed by federal maritime law, however.” (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 563 [42 Cal.Rptr.2d 697].) This is sometimes referred to as the reverse-line doctrine. This appeal does not raise an issue of jurisdiction.

The case was tried without a jury. No material facts are in dispute.…