Wagner v. Apex Marine Ship Management Corp. (2000)

ROBERT WAGNER, Plaintiff and Appellant, v. APEX MARINE SHIP MANAGEMENT CORPORATION et al., Defendants and Respondents.

[Modification fn. * of Opinion (83 Cal. App. 4th 1444 ) on denial of petition for rehearing with no change in judgment.]

KLINE, P.J.-

It is ordered that the opinion filed herein on October 4, 2000, be modified as follows:

On page 7, line 14, following the citation to People v. Bradley [ 83 Cal. App. 4th 1451 , advance report, 2d par., line 7], add as footnote 5 the following footnote, which will require renumbering of all subsequent footnotes:

5 In a petition for rehearing, which we denied, respondent maintained that the rule set forth in Forsyth v. Jones, supra, 57 Cal.App.4th at pages 782-783, is inapplicable to this proceeding because it is a federal maritime case and we are required to follow any lower federal court decision interpreting federal maritime law. We reject this illogical proposition. To interpret the settled rule articulated in Forsyth to mean, "the decisions of the lower federal courts, while persuasive, are not binding on [state courts on federal questions]" except where federal maritime questions are concerned, would be absurd. (See ibid.)

Respondents' petition for rehearing is denied.

FN *. this modification requires movement of text affecting pages 1447-1454 of the bound volume report.