## Facts

- Gilberto Alvez, a harbor worker/lasher, was injured aboard American Export Lines’ vessel, the SS Export Builder, in New York territorial waters and lost an eye.
- Alvez sued the shipowner in New York state court under general maritime law, alleging negligence and unseaworthiness.
- Alvez sought leave to amend the complaint to add his wife as a plaintiff seeking damages for loss of society arising from his nonfatal injury.
- The trial court denied leave to amend.
- The Appellate Division reversed and permitted the amendment, relying on *Sea-Land Services, Inc. v. Gaudet*.
- The New York Court of Appeals affirmed the ruling allowing the wife’s loss-of-society claim.
- After certiorari was granted, the case was tried; Alvez prevailed, and the subsequent appeal did not contest the loss-of-society damages element, leaving only the federal question whether maritime law recognized the wife’s cause of action.

## Issues

1. Whether the New York Court of Appeals decision was sufficiently “final” to permit Supreme Court review under 28 U.S.C. § 1257.
2. Whether general maritime law allows the spouse of a harbor worker injured nonfatally aboard a vessel in state territorial waters to recover damages for loss of society.

## Decision

- The Court treated the state court decision as “final” for purposes of § 1257 because, after certiorari was granted, the case was tried, the plaintiff prevailed, the loss-of-society damages would not be challenged on appeal, and no other federal issue remained.
- A majority of the Court affirmed recognition of the wife’s loss-of-society claim under general maritime law.
- The Court concluded there was no sound basis to distinguish between fatal and nonfatal maritime injuries in permitting loss-of-society recovery for a spouse in this setting.
- The Court rejected the argument that Congress’s failure to authorize loss-of-society damages in DOHSA or the Jones Act barred courts from recognizing such damages under general maritime law in this context.

## Legal Principles

- Supreme Court review under § 1257 may proceed where a state judgment, though not formally final when entered, becomes effectively final because subsequent proceedings leave only a single federal issue that otherwise would evade review.
- Under general maritime law, the spouse of a harbor worker injured nonfatally aboard a vessel in state territorial waters may recover damages for loss of society.
- Loss of society in maritime cases includes relational harms such as love, affection, care, attention, companionship, comfort, and protection.
- Congressional silence on loss-of-society damages in maritime statutes does not necessarily preclude recognition of such damages under judge-made general maritime law where the statutes do not directly control the claim.

## Conclusion

The Court affirmed that general maritime law permits a harbor worker’s spouse to recover loss-of-society damages for a nonfatal injury occurring in state territorial waters and, given post-certiorari developments, treated the state court ruling as final to resolve that federal maritime question.


Am. Export Lines, Inc. v. Alvez, 446 U.S. 274 (1980)