Robert C. Usher Kristi K. Usher v. M/v Ocean Wave, Her Engines, Tackle, Furnishings, Etc., in Rem

On December 27, 1988 Robert Usher was injured while working as a longshoreman aboard the M/V Yuhoh (now the M/V “OCEAN WAVE”). On November 12, 1991, two years and eleven months later, Robert Usher and his wife Kristi filed this action in rem against the OCEAN WAVE seeking damages for Robert’s physical injuries and Kristi’s loss of consortium. The district court dismissed both claims as barred by laches and Kristi’s claim on the additional ground there was no maritime hen and therefore no in rem jurisdiction for a claim of loss of consortium, 835 F.Supp. 1220 . The Ushers argue the court erred in (1) applying the doctrine of laches rather than the three-year limitations provided in 46 App.U.S.C. § 763a and in (2) concluding it had no in rem jurisdiction over Kristi Usher’s maritime claim for loss of consortium. We reverse and remand.

I.

Before 1980, there was no uniform statute of limitations for maritime claims. Claims for personal injuries at sea were governed by the three-year period provided in the Jones Act, 46 App.U.S.C. § 688. Claims for death on the high seas, whether in personam or in rem, were governed by the two-year period provided in former 46 U.S.C. § 763 . Other…