Arthur Goldberg

“ Simple logic compels the conclusion that if the Jones Act does not pre-empt a seaman's traditional remedy for injuries caused by unseaworthiness, it similarly does not pre-empt the right of action to recover for the death of a seaman resulting from unseaworthiness to the extent that such a remedy was recognized before the Jones Act in States providing a statutory remedy for wrongful death. ”

“ It seems to me to strain credulity to impute to Congress the intent to eliminate state death remedies for unseaworthiness where the decedent is a seaman while refusing to do so in cases involving nonseamen. Yet this is the result of the Court's following Lindgren.
Finally, even though the Lindgren dictum has been in existence for 34 years, no policy of stare decisis militates against overruling Lindgren. In refusing to follow Lindgren we would not create new duties or standards of liability; we would merely allow a new remedy. Shipowners are currently required to maintain a seaworthy ship ”

“ Only the family survivors of a seaman are left without a survivors for his death within territorial waters caused by failure to maintain a seaworthy of a seaman are left without a remedy recourse to this rule of absolute liability and relegated to proof of negligence under the Jones Act. ”