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Home / Courts / Tort/Negligence – Wrongful Death – Contributory Negligence – Admiralty – State Law Action (access required)

Tort/Negligence – Wrongful Death – Contributory Negligence – Admiralty – State Law Action (access required)

Thorpe v. TJM Ocean Isle Partners LLC Plaintiffs’ decedent was working at a marina when he was killed, and admiralty law claims are subject to the defense of comparative negligence rather than contributory negligence. Nevertheless, since plaintiffs allege that defendants violated non-maritime duties imposed by N.C. law, plaintiffs cannot bring a wrongful death claim based in admiralty against defendants. Since N.C. law is the source of plaintiffs’ claims, the substantive law of North Carolina applies, including the defense of contributory negligence.

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