Howard

Howard v. Crystal Cruises, Inc.

Good Law
41 F.3d 527·1994 WL 668242
United States Court of Appeals for the Ninth CircuitDecember 1, 1994No. 93-15489California1,901 words

Opinion

Lead Opinion

Leavy, J.

This appeal arises out of an admiralty wrongful death action in which a widow appeals from the district court’s entry of judgment in her favor, arguing that the court erred by applying a federal statute rather than general maritime law to her claim, and by miscalculating the economic impact to her of her husband’s death. We reject these contentions and affirm.

FACTS AND PRIOR PROCEEDINGS

In September 1990, Kenneth James Howard (“Howard”), his wife, Vika, and their son, Rolf, took a Mexican vacation cruise aboard the CRYSTAL HARMONY, a vessel of Bahamian registry operated by Crystal Cruises, Inc. (“Crystal”), a California corporation. While disembarking from the CRYSTAL HARMONY as it lay anchored within Mexican territorial waters, Howard suffered a severe laceration to his right Achilles tendon. He received emergency medical attention aboard the CRYSTAL HARMONY and underwent surgery in Acapulco to repair the damaged tendon. Less than a month after returning home to Sacramento, Howard suddenly fell ill and died. An autopsy revealed that blood clots from the injured area had lodged in his pulmonary arteries and fatally obstructed the flow of blood to his lungs.

Seven months later,…

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