McAleer and others v. Smith and others - U.S. District Court (D. Rhode Island) (Lagueux D.J.) - 30 April 1992

Claim for death of trainees drowned in sinking of the sailing vessel Marques in 1984 - Entitlement to summary judgment in respect of claims for conscious pain and suffering before death - Whether Society of Lloyd’s entitled to summary judgment in respect of claims against it

The plaintiffs were the administrators of the estates of deceased trainee crew members of the sailing vessel Marques which sank on 3 June 1984 during the Cutty Sark International Tall Ships Race from Bermuda to Halifax, Nova Scotia. The plaintiffs brought the action pursuant to the Jones Act 46 U.S.C. section 688 (1988), the Death on the High Seas Act (“D.O.H.S.A.”) 46 U.S.C. sections 761_768 (1988), and general maritime survival law.