In its 25 April 1972 ruling the court denied the exoneration of the owners and found them liable in regard to the unseaworthiness of the ship.
12.
See Kermarec v . Compagnie Generale Transatlantique, 358 U . S . 625, 629 ( 1959 ) ( unseaworthiness doctrine inapplicable to invitee aboard vessel ).
13.
By the 12th, the " Central America " was shipping water through several leaks due to the ship's lack of water-tight bulkheads and general unseaworthiness.
14.
State wrongful death statutes proved an adequate supplement to federal maritime law, until a series of this Court's decisions transformed the maritime doctrine of unseaworthiness into a strict liability rule.
15.
Not every worker injured on board a vessel is a " seaman " entitled to the protections offered by the Jones Act, doctrine of unseaworthiness, and principle of maintenance and cure.
16.
Petsonella Moragne, the widow of a longshore worker killed in Florida's territorial waters, brought suit under Florida's wrongful death and survival statutes, alleging both negligence and unseaworthiness.
17.
Thus, nothing short of a federal maritime right of action for wrongful death could have achieved uniform access by seafarers to the unseaworthiness doctrine, the Court's driving concern in Moragne.
18.
The district court dismissed the claim for wrongful death based on unseaworthiness, citing this Court's decision in The Tungus v . Skovgaard, 358 U . S . 588 ( 1959 ).
19.
Moragne was entertained by the Court of Appeals pursuant to a 28 U . S . C . s1292 ( b ) certification directed to the District Court's order dismissing the unseaworthiness claim.
20.
But training Moragne solely on The Tungus would have left untouched the survivors of seamen, who remain blocked by the Jones Act from pursuing state wrongful death claims whether under a theory of negligence or unseaworthiness.
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