Harold McGlenon Special Administrator of the Estate of Earl Raymond Cairl v. The Boeing Company

This is an appeal from an order of dismissal with prejudice of an action under the Death on the High Seas Act, 46 U.S.C. §§ 761-768 . On February 23, 1962, the decedent Cairl fell from a Boeing-made aircraft approximately 60 miles from Thule Air Force Base, Greenland. The district court dismissed the action, filed on May 6, 1968, because it had not been initiated within two years after the claim arose. We affirm.

The Death on the High Seas Act under which the suit was instituted creates a comprehensive scheme for recovery from a maritime wrongful death. It provides a two-year limitation period. 46 U.S.C. § 763 .

Within the two-year period, on February 20, 1964, the plaintiff-appellant, as special administrator of the estate of the decedent, filed an action in admiralty against the defendant-appellee. The plaintiff thereafter willfully failed to answer interrogatories which were propounded on October 7,1965.

For failure to answer the interrogatories, the defendant moved to dismiss the complaint. The motion was granted on November 14, 1966, following which counsel for the plaintiff moved to vacate the order of dismissal. That motion was heard and denied on December 18, 1967.

On…