Tinsley
Tinsley v. American President Lines, Ltd.
Opinion
Opinion
Peterson, J.
This is an action for wrongful death. Charles G. Tinsley, a merchant seaman, died of lung cancer in January 1989. Shortly thereafter, his heirs (appellants) filed a complaint against respondent American President Lines, Ltd. (APL), seeking damages because APL had sold Tinsley some of the cigarettes which allegedly caused his cancer. The trial court granted summary judgment in favor of APL, finding appellants could not recover as a matter of law. Appellants appeal. We affirm.
I. Factual and Procedural Background
Charles Tinsley worked as a merchant seaman for over 40 years, from 1945 through 1987. During that time, Tinsley worked for at least 12 different merchant shipping companies aboard approximately 42 separate vessels. Tinsley’s employment by APL vessels accounted for about 38 percent of his total employment.
APL and other shipping companies are required by law to maintain a “slop chest” on their merchant vessels. ( 46 U.S.C. § 11103 .) A slop chest is essentially a small store of personal items which seamen may purchase. Among other things, the slop chest must contain cigarettes for use by seamen who so desire. ( 46 U.S.C. § 11103 (a)(7).) Because they are duty…