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Awtrey suffered injuries while working aboard a vessel in Louisiana navigable waters. He recovered damages for his disability, pain and suffering, and loss of earnings in an action against the vessel owner based on unseaworthiness. He recovered $ 140,000 for his permanent disability, physical agony, and loss of earnings in an action based on unseaworthiness. Awtrey died shortly thereafter, and P then brought the instant wrongful death action, based on unseaworthiness. The District Court dismissed the suit on grounds of res judicata and failure to state a claim, but the United States Court of Appeals for the Fifth Circuit reversed; P had a compensable cause of action for Awtrey's death wholly apart from and not extinguished by the latter's recovery for his personal injuries. The Supreme Court granted certiorari.

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