Ship Owner's Motions For Summary Judgment For Its Liability For The Death Of An Elderly Woman (Grandmother Of Seaman Working For Ship Owner) Denied Where Seaman Is Struck In The Head While Working And Then Later Intentionally Kills His Grandmother.
TANNOUS L. BACHIR, Plaintiff, -against- TRANSOCEANIC CABLE SHIP COMPANY and C. S. LONG LINES, L.P., Defendants.
98 Civ. 4625 (JFK)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OFNEW YORK
2002 U.S. Dist. LEXIS 14908
August 14, 2002, Decided
August 14, 2002, Filed
PROCEDURAL POSTURE: A jury awarded plaintiff seaman past maintenance at a rate of $80 per day. Defendants argued in post-trial motions that the seaman was not entitled to the $80 rate, that he was entitled to recover his individual costs and not those of his family members, and that the award should not extend beyond the date that he was declared fit for duty. The court ordered the seaman to submit evidence establishing his actual expenses.
OVERVIEW: Upon a review of the evidence, the court found as follows: that $10 for food per day was a reasonable amount; the $300 utilities amount did not appear reasonable and since no documentation was provided to support it, that amount was disallowed in its entirety; the seaman's salary paid the full mortgage amount, the amount was reasonable, and such amount was allowed because to award the seaman any less for a home he shared with his family would cause him to lose his home; the award period extended only to the date the seaman was declared fit; no maintenance was allowed for automobile expenses.
OUTCOME: The court reduced the amount of maintenance awarded by the jury and limited the period for which maintenance was to be paid.
