Donaldson

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, and that the trial court properly exercised such jurisdiction in this case.

FACTS

The following uncontested facts are taken largely from the Court of Appeal’s decision in this case. National Marine, Inc. (defendant) appeals from a judgment, entered after a jury trial, awarding Richard Donaldson (plaintiff) $1,616,400 on an action for the wrongful death of plaintiff’s adoptive father, a Tennessee resident, Albert Pavolini (decedent). Decedent spent his adult working life on or around boats and ships. He served in the United States Navy from 1942 until 1964. He worked for Military Sea Transport from 1966 to 1967; he worked for National Marine (then Cardinal Carriers) from 1967 to 1981; and he worked for other private…