Opinion
No. 95-8459
DECIDED September 25, 1998 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Edward W. Killorin, Robert Ware Killorin, Killorin Killorin, Atlanta, GA, Howard M. Acosta, Law Offices of Howard M. Acosta, St. Petersburg, FL, for Gray, Schumachaer and Jennings.
Richard B. North, Jr., Edgar A. Neely, III, Atlanta, GA, Richard M. Sharp, Frederick C. Schafrick, Shea Gardner, Washington, DC, for Lockheed Aeronautical Systems Co.
Appeal from the United States District Court for the Northern District of Georgia, D.C. Docket Nos. 1:91-CV-2399-ODE, 1:91-CV-2400-ODE, 1:91-CV-2401-ODE.
Before HATCHETT, Chief Judge, TJOFLAT, Circuit Judge, and CLARK, Senior Circuit Judge.
This case is before the court on remand from the United States Supreme Court for further consideration of our earlier opinion in light of Dooley v. Korean Air Lines Co., Ltd., 118 S. Ct. 1890 (1998). In accord with the Court's opinion, we reverse our previous holding that appellees may recover damages for pain and suffering on their survival action claims based on general maritime law in conjunction with the Death on the High Seas Act, 46 U.S.C. App. §§ 761-768. See Gray v. Lockheed Aeronautical Sys. Co., 125 F.3d 1371, 1381-86 (11th Cir. 1997). We affirm the remainder of our decision that does not touch such survival action claims, and remand to the district court for further proceedings consistent with our decision and Dooley.
REVERSED IN PART and REMANDED.