Iowa Supreme Court Upholds $1.25M Loss of Consortium Verdict

Tuesday, July 30, 2002
In Horak v. Argosy Gaming Co., 2002 WL 1559095 (Iowa July 17, 2002), Leticia Morales, after an evening of drinking before boarding and while aboard the BELLE of SIOUX CITY, died in a one-car accident, during which her blood alcohol level was more than twice the legal limit. Her three children sued the riverboat casino's owner, Argosy Gaming Company, under the state's dramshop statute, under which comparative fault/apportionment of negligence rules do not apply. In other words, unlike under traditional maritime law comparative fault rules, Morales' own negligence, if any, would not reduce her surviving children's recovery. The Court rejected Argosy's argument that the general maritime law preempted the state dramshop act, holding that, while the case did involve a maritime tort, the Iowa dramshop act did not conflict with or frustrate any fundamental tenet of substantive maritime law: "In truth it would be absurd to hold that Argosy, carrying dram shop insurance and having secured its gaming license as well as its authorization to sell alcoholic beverages on the condition that it comply with Iowa's liquor laws, could circumvent the reach of those laws by claiming federal preemption." Source: Marine Legal Update
Maritime Reporter June 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Cause of S.Korea Ferry Businessman's Death Remains Unknown

Yoo's body too badly decomposed to determine cause of death; mystery surrounding final days of de-factor owner of doomed ferry deepens. Yoo's son arrested in latest capture of family members.

House Subcommittee Hearing Highlights “Dismal State” of U.S. Icebreaking Capability

At the July 23, 2014, hearing of the House Subcommittee on Coast Guard and Maritime Transportation on “Implementing U.S. Policy in the Arctic” the committee chairman, Rep.

Iraqi Kurdish Oil Nears US Port Despite Concern in Washington

A tanker carrying crude oil from Iraqi Kurdistan is just one day away from arriving at a U.S. port, according to ship tracking satellites, despite Washington's

Navy

Today in U.S. Naval History: July 25

Today in U.S. Naval History - July 25 1779 - Amphibious expedition against British in Penobscot Bay, Maine 1863 - U.S. Squadron bombards Fort Wagner, N.C.

Cause of S.Korea Ferry Businessman's Death Remains Unknown

Yoo's body too badly decomposed to determine cause of death; mystery surrounding final days of de-factor owner of doomed ferry deepens. Yoo's son arrested in latest capture of family members.

DoD Awards Ingalls 'USS Ronald Reagan' Contract Modification

U.S. Department of Defense (DoD) informs that Huntington Ingalls Inc., Newport News, Virginia, is being awarded a US$13,759,894 modification to previously awarded cost-plus-award-fee,

 
 
Maritime Contracts Maritime Security Naval Architecture Offshore Oil Pipelines Port Authority Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1172 sec (9 req/sec)