Mattie Lee Simpson and Howard Simpson v. Knut Knutsen, O.A.S., Mattie Lee Simpson and Howard Simpson v. Knut Knutsen, O.A.S.

Appellants, the widow and son of a longshoreman, brought this wrongful death action on the bases of diversity of citizenship, the California Wrongful Death Act (California Code of Civil Procedure Sec. 377), and the general maritime law of the United States. The District Court, jury-waived, found that the vessel moored in San Francisco Bay on which the longshoreman was working when he met accidental death, was un-seaworthy; that the unseaworthiness was a proximate cause of the accident; that there was negligence on the decedent’s part contributing to the accident; that applying the rule of comparative negligence, the damages awarded should be reduced by fifty percent; that the damages awarded to the widow should include nothing for loss of consortium; that income taxes on the decedent’s earnings should not be considered in computing damages; and that the adult son’s claim for loss of support, affection and companionship was without merit. Judgment was entered accordingly.

Appellants contend that the District Court erred in refusing to award damages for loss of care, comfort and society of decedent (consortium), and in finding the decedent guilty of contributory negligence and…