Dennis v. Central Gulf S.S. Corp

In Dennis v. Central Gulf S.S. Corp., 323 F.Supp. 943, 948 (D.C. La. 1971), a

case brought under general maritime law, the court concluded that damages for loss of support are recoverable under both general maritime law and the Jones Act. To demonstrate the appropriate damages for loss of support to the decedent’s daughter, the court listed the following information in it’s opinion:

“The decedent was a widower. He was survived by his only daughter, Gabrielle Joan Dennis, who was 31 years of age at the time of the death of her father. Miss Dennis suffers from a schizophrenic reaction with border line intelligence and is somewhat retarded. She has not been able to work for some years or to support herself, and she was totally and completely maintained by her father at the time of his death, as she had been throughout most of her life. She lived with her father who paid for everything she needed in life. She had no income. However, she inherited the duplex house in which she and her father lived. One side of this is her home and the other side yields her a modest rental income. No evidence was offered to show a loss of inheritance by reason of a shortening of the decedent’s life.

Dennis was 61 years old when he died. His life expectancy, according to the 1967 tables of the United States Department of Health, Education and Welfare, was then 15.4 years. Civil Service regulations would have permitted him to work until 70, but even so, his work life expectancy was something less than 9 years.

He had been earning $11,000 a year from his work as a marine surveyor. He had a Marine Engineers Beneficial Association pension of $4,000 per year, which terminated upon his death. Had Mr. Dennis lived, the pension would have continued for the rest of his life.

Mr. Dennis’ income tax amounted to $2,843, leaving him a net economic income after taxes in the year of his death of $12,336. It is likely he would have had an income of this amount for not less than eight years, and thereafter an income of $4,000 for seven more years. It is also likely that he would have contributed equally generously to his daughter’s support so long as he lived without reduction because of his own retirement. The evidence shows that Miss Dennis lives quietly, dresses modestly, has no social engagements, and little medical expense. In my opinion, she has established an average loss of support of $1,800 a year for 15.4 years. Discounted at 5 ½% (an amount at which U.S. obligations can now be purchased) this amounts to $18,864.”

Id. at 948-49.

1. In Dennis v. Central Gulf S.S. Corp., 323 F.Supp. 943, 948 (D.C. La. 1971), a case brought under general maritime law, the court concluded that damages for loss of support are recoverable under both general maritime law and the Jones Act. To demonstrate the appropriate damages for loss of support to the decedent’s daughter, the court listed the following information in it’s opinion:
“The decedent was a widower. He was survived by his only daughter, Gabrielle Joan Dennis, who was 31 years of age at the time of the death of her father. Miss Dennis suffers from a schizophrenic reaction with border line intelligence and is somewhat retarded. She has not been able to work for some years or to support herself, and she was totally and completely maintained by her father at the time of his death, as she had been throughout most of her life. She lived with her father who paid for everything she needed in life. She had no income. However, she inherited the duplex house in which she and her father lived. One side of this is her home and the other side yields her a modest rental income. No evidence was offered to show a loss of inheritance by reason of a shortening of the decedent’s life.
Dennis was 61 years old when he died. His life expectancy, according to the 1967 tables of the United States Department of Health, Education and Welfare, was then 15.4 years. Civil Service regulations would have permitted him to work until 70, but even so, his work life expectancy was something less than 9 years.
He had been earning $11,000 a year from his work as a marine surveyor. He had a Marine Engineers Beneficial Association pension of $4,000 per year, which terminated upon his death. Had Mr. Dennis lived, the pension would have continued for the rest of his life.
Mr. Dennis’ income tax amounted to $2,843, leaving him a net economic income after taxes in the year of his death of $12,336. It is likely he would have had an income of this amount for not less than eight years, and thereafter an income of $4,000 for seven more years. It is also likely that he would have contributed equally generously to his daughter’s support so long as he lived without reduction because of his own retirement. The evidence shows that Miss Dennis lives quietly, dresses modestly, has no social engagements, and little medical expense. In my opinion, she has established an average loss of support of $1,800 a year for 15.4 years. Discounted at 5 ½% (an amount at which U.S. obligations can now be purchased) this amounts to $18,864.”
Id. at 948-49.

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