Maritime law and punitive damages: because punitive
damages have long been an accepted remedy under general maritime law, and
because neither Miles v. Apex Marine Corp., 498 U. S. 19, nor the
Jones Act altered this understanding, punitive damages for the willful and
wanton disregard of the maintenance and cure obligation remain available as a
matter of general maritime law; in addition to wages, “maintenance” includes
food and lodging at the ship’s expense, and “cure” refers to medical treatment,
Lewis v. Lewis & Clark Marine, Inc., 531 U. S. 438, 441.
Moreover, an owner’s failure to provide proper medical care for seamen has
provided lower courts the impetus to award damages that appear to contain at
least some punitive element; the plain language of the Jones Act does not
provide a basis for overturning the common-law rule; this Court has
consistently observed that the Jones Act preserves common-law causes of action
such as maintenance and cure, see. e.g., The Arizona v. Anelich,
298 U. S. 110, and its case law supports the view that punitive damages awards,
in particular, continue to remain available in maintenance and cure actions,
see Vaughan v. Atkinson, 369 U. S. 527 (U.S.S.Ct., 25.06.09,
Atlantic v. Townsend, J. Thomas).
Thursday, June 25, 2009
Atlantic v. Townsend
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