Ghotra ex rel. Ghotra v. Bandila Shipping, Inc.

We decide whether the family of a marine surveyor who died from injuries incurred aboard the M/V Gracious was entitled to a jury trial on the claims brought under the court’s diversity jurisdiction, whether they may recover under state law for wrongful death, whether the decedent was owed a higher standard of care than the district court applied, and whether the family was entitled to recover for predeath pain and suffering. For the foregoing reasons, we reverse in part, affirm in part, and remand.

I.

In September 1991, charterer Kawasaki Kisen Kaisha (“K-Line”) through its local agent Kerr Steamship Company (“Kerr”) hired Captain Kuldip S. Ghotra (“Captain Ghotra”), a marine surveyor, to coordinate and inspect the progress of the hold cleaning work being done by Mesa Services (“Mesa”) aboard the M/V Gracious. On September 30, 1991, Captain Ghotra boarded the M/V Gracious to inspect the cleaning and painting of *1053 Hold No. 3. In the presence of Mesa supervisor Ricardo Cervantes (“Cervantes”), Captain Ghotra twice told Chief Mate Roberto Guzman (“Guzman”) to go open the forward hatch cover and then return to the port side of Hold No. 3, where they were standing.…