Fall 1995 #50

[CABC]

I had trouble with the following question:

50) According to Malecki et al, prior to passage of the Jones Act, which of the following was NOT a right or benefit to sailors injured in service of a ship?
A. Wages to the end of the voyage.
B. Transportation back to home port.
C. Food and quarters to the end of the voyage.
D. Recovery for wrongful death.
E. Recovery for damages sustained as a result of unseaworthiness of the ship.

All10 list the answer as D, Recovery for wrongful death, and references page 20 of the text, "Commercial Liability Insurance and Risk Management: Vol 2", Malecki et al.

But the text states on page 20 that the "Moragne remedy...permits survivors of deceased crewmembers to sue the employer for wrongful death."

I thought the "general maritime laws" listed under item 1 on page 20 of the text where the remedies that existed prior to the Jones act? If so, then of course the Jones act did not provide this as a new right to sailors.

Is this a case where the text (1996) is more recent than the exam (1995)?
Or am I just completely missing something that is totally obvious.

Any help is greatly appreciated.

[jk]

I suppose the mere fact of being injured doesn't allow one to claim wrongful death benefits, either before or after the Jones Act. This has all the charm of one of those "Where do you bury the survivors"-type trick questions, but I can't think of any other justification for the answer.

[Colymbosathon ecplecticos]

I think that it is a subtle point.

The Jones Act extended FELA rights to crew.

FELA took away the fellow-employee defense and assumption of risk.

It's not stated explicitly, but the Moragne remedy probably left the employer its usual defences (including the above two.)