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Admiralty Cases Summarized By Accident Lawyer

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Admiralty and the related topic of vehicle accidents .For more information on admiralty issues see the page on Wikipedia.


2012 John Crane, Inc. v. Hardick, 284 Va. 329, 732 S.E.2d 1.
The jury’s $2,000,000.00 award of damages for decedent’s pre- death pain and suffering is reinstated.

2012 John Crane, Inc. v. Hardick, 283 Va. 358, 722 S.E.2d 610.
Uniform rule exists for cases involving wrongful death of a seaman in that non pecuniary damages are not available.

Virginia Dep’t of Transp., 253 Va. 180.
Plaintiff was guest on boat in navigable water when she slipped on deck. Trial court ruled that it would follow regular tort law and not admiralty law. Supreme Court reversed saying that admiralty principles apply.

1992 Metro Mach. Corp. v. Mizenko, 244 Va. 78, 419 S.E.2d 632.
Borrowed servant rule applies in admiralty case.

1992 Mizenko v. Electric Motor & Contr’g Co., 244 Va. 152, 419 S.E.2d 637.
To constitute cause of action for maritime tort, negligence must occur on navigable water and must bear significant relation to traditional maritime activity. Ship repair bears such relation.

1989 M. Rothschild Co. v. Lloyd, 237 Va. 358, 377 S.E.2d 408.
Ruling that rubber was damaged by water while in custody of ocean carrier is affirmed and remanded for hearing on damages.

1988 Mitchell v. Reardon Smith Line Ltd., 236 Va. 212, 372 S.E.2d 395.
Trial court properly struck evidence of unseaworthiness of allegedly defective equipment and set aside plaintiff’s verdict as to negligent navigation since insufficient evidence presented to support verdict.

1983 Brown v. Brown, 226 Va. 320, 309 S.E.2d 586.
Where plaintiff’s motion for judgment for wrongful death of nonseaman in state territorial waters alleges negligence only, cause of action is not recognized under federal admiralty law. Plaintiff must rely on Virginia law to establish proper distributees of wrongful death settlement.

1983 Gardner v. Old Dominion Stevedoring Corp., 225 Va. 599, 303 S.E.2d 914.
Plaintiff was injured by rail car on pier. To invoke admiralty jurisdiction two criteria must be met: injury must occur on navigable water and alleged wrong must bear significant relationship to traditional maritime activity. Neither of those conditions was met here.

1972 Sheris v. Sheris & Travelers, 212 Va. 825, 188 S.E.2d 367.
Airplane crash at sea. Death on High Seas Act conferred exclusive jurisdiction on federal court to determine claim of executors of Sheris.

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Admiralty Cases Summarized By Accident Lawyer

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