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In the Matter of the Petition of F/v Carolyn Jean, Inc., for Limitation of or Exoneration From Liability v. Robert J. Schmitt, for the Estate of Timothy Schmitt, Claimant-Appellant

Citations: 73 F.3d 884; 95 Daily Journal DAR 16335; 1996 A.M.C. 342; 95 Cal. Daily Op. Serv. 9371; 1995 U.S. App. LEXIS 35039Docket: 94-35583

Court: Court of Appeals for the Ninth Circuit; December 10, 1995; Federal Appellate Court

Narrative Opinion Summary

In this case, the estate of a crewman, Schmitt, who perished when the fishing vessel BARBAROSSA disappeared in the Bering Sea, appealed a summary judgment in favor of the vessel's owner, F/V Carolyn Jean, Inc. The primary legal issue revolved around whether Schmitt experienced conscious pre-death pain and suffering, thereby entitling his estate to damages. The district court had granted summary judgment, finding insufficient evidence to support the estate's claim of consciousness before death. However, the Ninth Circuit, exercising de novo review, found that evidence such as distress calls and expert testimonies suggested Schmitt might have been conscious after the vessel's distress. The court emphasized the necessity of demonstrating consciousness for pre-death suffering claims and noted that circumstantial evidence could suffice when direct evidence is unavailable. Consequently, the appellate court reversed the district court's decision and remanded the case for trial, allowing the estate to present its case before a jury. The court also reiterated the principle that the burden of proving damages lies with the claimant in tort cases.

Legal Issues Addressed

Circumstantial Evidence in Proving Pre-Death Suffering

Application: Circumstantial evidence, including expert testimony, can support claims of pre-death suffering even in the absence of eyewitness accounts or recovered bodies.

Reasoning: Expert testimonies indicated that the plane sustained significant damage and remained airborne for twelve minutes, during which time the passenger likely experienced pain.

Evidence Required to Establish Consciousness Before Death

Application: Evidence suggesting potential consciousness, such as distress calls and conditions on board, can create a genuine issue of material fact sufficient to preclude summary judgment.

Reasoning: Evidence, such as a distress call indicating the ship rolled over rather than an instantaneous disaster, suggests that at least one crew member was conscious and aware of the danger.

Jurisdiction under 28 U.S.C. § 1333 and § 1291

Application: The district court had subject matter jurisdiction over admiralty claims, and the appellate court had jurisdiction to review the district court's summary judgment decision.

Reasoning: Jurisdiction was established under 28 U.S.C. § 1333 for the district court and under 28 U.S.C. § 1291 for the appellate court.

Recovery for Pre-Death Pain and Suffering

Application: The estate must prove that Schmitt was conscious for some period after the injuries leading to death to recover for pre-death pain and suffering.

Reasoning: To recover for pre-death pain and suffering, the beneficiary must demonstrate that the decedent was conscious for some period after the injuries leading to death, as established in precedent cases.

Standard of Review for Summary Judgment

Application: The Ninth Circuit applied a de novo standard of review to evaluate the district court's decision granting summary judgment.

Reasoning: The appellate review of the summary judgment was de novo.