Note by Martin L. Grayson
Gilberto Alvez, a longshoreman, lost his right eye when struck by the handle of an allegedly defective jack aboard the petitioner's vessel which was within the territorial waters of New York. After filing a complaint based on the general maritime law, Alvez moved for leave to amend the complaint to add his wife's claim for loss of society. The trial court denied the motion, holding that the general maritime law does not afford the spouse of an injured worker a remedy for loss of society. The appellate division reversed and granted the motion, and the Court of Appeals of New York affirmed. The United States Supreme Court granted certiorari and held that the spouse of a maritime worker non-fatally injured aboard a vessel in state territorial waters may maintain an action for loss of society under the general maritime law. American Export Lines, Inc. v. Alvez, 446 U.S. 274 (1980).
About the Author
Martin L. Grayson.
Citation
55 Tul. L. Rev. 545 (1981)