Appellant Prickett has not cited to us any admiralty authority that has allowed a child to recover loss of society 2 damages for a nonfatal injury to a non-seaman on the high seas, and – without legislative impetus or compelling logic for such a result – we must decline to do so.
#1313 MELVILLE COURT MOVIE TRIAL#
The trial court granted a judgment on the pleadings against her on the grounds that neither compensatory damages for loss of her father’s society nor punitive damages were available under general maritime law. After her father was injured diving in French Polynesia, Mira Chloe Prickett sued Bonnier Corporation and World Publications, LLC (collectively Bonnier) for compensatory and punitive damages under general maritime law. The case arose from a movie-making accident. For that reason, we must affirm the judgment in this case. As the United States Supreme Court has explained in its most recent opinion on the matter, the courts must now leave the development of novel claims and remedies to the legislatures. Since the early 20th century, when Congress began legislating in this area, the role of the courts has changed from leader to follower, from promulgation to interpretation. But admiralty law has evolved since the days when it was entirely judgemade and mariners were practically wards of the court. 1.) Herman Melville first went to sea in 1838 so these were the shipmates he sailed with and later wrote about in Moby Dick courts of his day took a solicitous approach toward the problems of the hardy souls engaged in seafaring commerce. They combine, in a singular manner, the apparent anomalies of gallantry, extravagance, profusion in expenditure, indifference to the future, credulity, which is easily won, and confidence, which is readily surprised.’ ” (Brown v. They are generally necessitous, ignorant of the nature and extent of their own rights and privileges, and for the most part incapable of duly appreciating their value. INTRODUCTION A case from 1836 described seamen as “‘a class of persons remarkable for their rashness, thoughtlessness and improvidence. Hinshaw & Culbertson, Forrest Booth and Pamela L. Appeal from a judgment of the Superior Court of Orange County, Randall J. 30-2016-00890746) BONNIER CORPORATION et al., OPINION Defendants and Respondents. Filed 10/13/20 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE MIRA CHLOE PRICKETT, Plaintiff and Appellant, v.
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