Maritime Injury Law Blog

As a result of the recent discussions in Congress concerning the repeal of the Jones Act, the U.S. Navy and the U.S. Navy League officially announced their strong opposition to its repeal. Their stance was promptly lauded by the Maritime Cabotage Task Force (MCTF), a national coalition that represents U.S. fleets engaged in domestic maritime commerce. The U.S. Navy league is a nonprofit organization whose mission is to educate the American people about the enduring importance of sea power to a maritime nation.
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A claim for punitive damages made by a commercial diver based upon the legal theory of unseaworthiness has withstood legal challenge in the United States District Court for Hawaii. The Court found as a matter of law that punitive damages may be sought in cases involving unseaworthiness. The Court based its holding on the United States Supreme Court’s recent decision in Atlantic Soundings Co. v. Townsend, finding that the Ninth Circuit’s previous holding in Evich v. Morris permitting punitive damages for unseaworthiness remains intact.

Prior to the Supreme Court’s decision in Atlantic Soundings v. Townsend, the majority of the Courts had expanded the Supreme Court’s decision in Miles v. Apex Marine to prohibit punitive damages in Jones Act and unseaworthiness cases. Based upon the Supreme Court’s rationale and analysis in Atlantic Soundings allowing punitive damages in maintenance and cure cases, the Hawaii District Court rejected the vessel owner’s argument that the Supreme Court’s holding in Miles v. Apex Marine prohibited punitive damages in unseaworthiness claims. In a detailed analysis, the District Court Judge found that there was no statutory preemption of punitive damages in a general maritime law claim for unseaworthiness.

Citing Evich v. Morris with favor, the District Court noted that punitive damages serve the purpose of punishing a defendant, teaching him to not do it again, and deterring others from following his example. To recover punitive damages, a seaman must show that the vessel owner’s conduct is willful and wanton.

Superior Court Judge Richard Eddie has held that a seaman’s wrongful death claim involving claims for punitive damages for unseaworthiness and Jones Act negligence will proceed to trial on the merits. The vessel owner and employer’s motion to dismiss the seaman’s claim for punitive damages was rejected. Following the Supreme Court’s recent decision in Atlantic Soundings v. Townsend, Judge Eddie found as a matter of law that claims for punitive damages are available under both the Jones Act and under the unseaworthiness doctrine.

The case, Nes v. Sea Warrior, King County Cause No. 09-2-05771-1SEA, is thought to be the first in Washington State to reestablish a seaman’s right to punitive damages. The Ninth Circuit had previously recognized punitive damages for seamen in cases such as Evich v. Moriss, but subsequent to the Supreme Court’s decision in Miles v. Apex Marine, most Courts had prohibited punitive damages in seaman injury and wrongful death cases. However, in 2009 the Supreme Court decided Atlantic Soundings v. Townsend allowed punitive damages in maintenance and cure cases. In cases post Atlantic Soundings, punitive damages may not be available in Death On the High Seas Act cases. However, that no longer means that punitive damages will not be granted in appropriate negligence and unseaworthy cases involving willful and wanton conduct.

Late in 2009 a King County jury awarded a seaman 1.3 million dollars in punitive damages for willful failure to pay maintenance and cure. That case, Clausen v. Icicle Seafoods, is now on appeal and will set legal precedent in Washington State about how punitive damages may be calculated and awarded.