The Petitioner claimed that she, as well as the decedent's dependant brother and sisters, had a right of recovery under the Jones Act and the Ohio wrongful death statute because the vessel was not seaworthy according to maritime law.

The District Court also struck the claims of the brother and sisters, holding that they were not beneficiaries under the Jones Act while their mother was living.

There was a possibility that an injustice would befall the brother and sisters of the decedent as many years could have passed since their claim to recovery was cut off as long as the District Court's decision stood.

This case is an example of a vice inherent in a system, which permits piecemeal litigation in a lawsuit.

There was a possibility that an injustice would befall the brother and sisters of the decedent as many years could have passed since their claim to recovery was cut off as long as the District Court's decision stood.