Beverly Nygaard, as Administratrix of the Estate of Michael Clyde Sullivan, Deceased v. Peter Pan Seafoods, Inc.

This action was brought in the district court on behalf of the decedent’s estate and his. son, Michael Sullivan, Jr. (Mike Jr.), for the death of Michael Sullivan, Sr., a seaman lost from appellee Peter Pan Seafoods, Inc.’s fishing vessel F/V SEVEN SEAS in the Bering Sea. Jurisdiction was based on the Death on the High Seas Act (DOHSA), 46 U.S.C. §§ 761-768 , the Jones Act, 46 U.S.C. § 688 , and general maritime law.

The district court ordered bifurcation of the trial, and Peter Pan’s liability and the amount of damages for the estate and Mike Jr. were tried in turn to the court. The court found Peter Pan liable, but ruled that recovery should be reduced 50 percent because of Sullivan’s contributory negligence. Nygaard v. Peter Pan Seafoods, Inc., 508 F.Supp. 151 (W.D.Wash.1981). This aspect of the judgment has not been appealed. As to damages, the court allowed recovery only for decedent’s pain and suffering prior to death, and for Mike Jr.’s loss of support. On appeal the administratrix claims the court erred in holding that damages for Mike Jr.’s loss of society are not recoverable, in finding that loss of inheritance was not established, and in failing to make findings on…