This section contains the nature of the case and procedural background.

P sustained injuries while performing sandblasting work aboard the USNS Maj. Stephen W. Pless in the employ of Tidewater Temps, Inc., a subcontractor for Mid-Atlantic Coatings, Inc., which was, in turn, a subcontractor for D. P claimed the injuries were caused by the negligence of D and one of its other subcontractors. Because the vessel was berthed in the navigable waters of the United States when P was injured, P invoked federal admiralty jurisdiction and prayed for damages under general maritime law. P also asserted claims under the Virginia wrongful death statute. The District Court dismissed the complaint because 'no cause of action exists, under general maritime law, for death of a nonseaman in state territorial waters resulting from negligence.' The Fourth Circuit reversed and remanded for further proceedings. The Supreme Court granted certiorari.

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