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 Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter February 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Vessel Discharge Amendment Push Continues

AWO voices strong opposition to McCain anti-Jones Act amendment   The American Waterways Operators (AWO) is continuing an intensive lobbying campaign to bring

NATO Launches Sea Mission Against People-Smugglers

NATO, EU mission to help target traffickers in Aegean Sea. NATO ships are on their way to the Aegean Sea to help Turkey and Greece crack down on criminal networks smuggling refugees into Europe,

Greeks at Frontline of Migrant Crisis Angry at EU Critics

ABOARD THE AGIOS EFSTRATIOS, Aegean Sea, Feb 11: Greek Captain Argyris Frangoulis lifts his binoculars and with eyes fixed on the Aegean Sea horizon, steers his

Navy

James Troop Supplies Engines for 3 Naval Vessels

Liverpool City Region (UK) based ship engine specialist James Troop & Co has won an order to supply Volvo Penta diesel engines for three European naval vessels being built on Merseyside.

NATO Launches Sea Mission Against People-Smugglers

NATO, EU mission to help target traffickers in Aegean Sea. NATO ships are on their way to the Aegean Sea to help Turkey and Greece crack down on criminal networks smuggling refugees into Europe,

UK to Double NATO Naval Deployments in 2016

Britain is doubling its naval deployments to North Atlantic Treaty Organization (NATO) in a move aimed a showing enemies that "we are ready to respond to any threat",

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Pipelines Pod Propulsion Port Authority Ship Electronics Ship Repair Shipbuilding / Vessel Construction Sonar
rss | archive | history | articles | privacy | 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: 0.0654 sec (15 req/sec)