Case: 19-40718 Document: 00515711385 Page: 1 Date Filed: 01/19/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED January 19, 2021 No. 19-40718 Lyle W. Cayce Clerk Francisco Ortega Garcia, individually and as surviving spouse of Patricia Guadalupe Garcia Cervantes, and as successor-in-interest to the estate; and as next friend of V.S.O.G., a minor child, Plaintiff—Appellant, versus United States of America; Mercury Marine, a division of Brunswick Corporation; Safe Boats International, L.L.C., Defendants—Appellees. Appeal from the United States District Court for the Southern District of Texas USDC No. 1:17-CV-28 Before Jolly, Jones, and Willett, Circuit Judges. Don R. Willett, Circuit Judge: While patrolling the Brownsville Ship Channel around midnight, a United States Coast Guard vessel struck and killed Patricia Guadalupe Garcia Cervantes, a Mexican citizen who was attempting to enter the United States illegally by swimming across the Channel. Litigation ensued. Francisco Ortega Garcia, individually and on behalf of his and Cervantes’ daughter, V.S.O.G., brought (1) negligence and wrongful death claims Case: 19-40718 Document: 00515711385 Page: 2 Date Filed: 01/19/2021 No. 19-40718 against the United States and (2) products liability, gross negligence, and wrongful death claims against the manufacturers of the vessel and its engines, Safe Boats and Mercury Marine. The district court dismissed everything. It dismissed the negligence claim against the United States, concluding that the United States owed no duty to Cervantes. It dismissed the products liability claims against Safe Boats and Mercury Marine, concluding that Cervantes, as a bystander, lacked standing to bring those claims. And, because it dismissed all the underlying tort claims, the district court dismissed the wrongful death claims. For the reasons below, we affirm the dismissal of all Garcia’s claims against the United States, Safe Boats, and Mercury Marine. I A The Brownsville Ship Channel (BSC) lies just three miles north of the mouth of the Rio Grande and connects the Port of Brownsville with the Gulf of Mexico. 1 The BSC is a “high-traffic waterway, travelled day and night by various vessels from small fishing boats to large tankers.” 2 In 1 See United States v. Ruiz-Hernandez, 890 F.3d 202, 206 (5th Cir. 2018) (describing the BSC). 2 Id. 2 Case: 19-40718 Document: 00515711385 Page: 3 Date Filed: 01/19/2021 No. 19-40718 general, “there is no posted speed limit” on the BSC, 3 and “[t]here are no lights along the [BSC], making it very dark at night.” 4 The United States Coast Guard maintains a station on South Padre Island, near the BSC. The station’s “primary missions” include “search and rescue and maritime law enforcement.” Coast Guard law enforcement patrols roughly 30 miles of the Texas coast and several nearby waterways, including the BSC. The purpose of the patrols is “to deter and interdict immigrants and narcotic smugglers, ensure safety and security of the maritime facilities within the Port of Brownsville, and to conduct commercial and recreational vessel boardings to enforce various safety and security laws and regulations.” The Coast Guard’s patrol route follows a ...
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