John Crane, Inc. v. HardickAnnotate this Case
Plaintiffs, Decedent's wife and estate, filed suit under general maritime law against John Crane, Inc. (JCI) seeking compensatory and punitive damages, alleging that Decedent, a former seaman, was exposed to asbestos contained in products manufactured by JCI and that he contracted mesothelioma as a result of such exposure. Plaintiffs' third amended complaint included revived personal injury survival claims - which sought damages for Decedent's pre-death pain and suffering - and Plaintiffs' wrongful death claims. A jury awarded $2 million in damages for Decedent's pre-death pain and suffering. The Supreme Court vacated the award. Plaintiffs petitioned for a rehearing, which the Court granted. The Court then reinstated the award and modified its opinion, holding that because the Jones Act permits recovery for the losses suffered during a decedent seaman's lifetime in a survival action, including pre-death pain and suffering, Decedent's estate may recover for his pre-death pain and suffering under general maritime law.