Seaman Could Bring A Claim For Punitive Damages Against Non-Employer Under General Maritime Law
JERRY STOGNER VERSUS CENTRAL BOAT RENTALS, INC. ET AL
CIVIL ACTION NO: 03-2119 SECTION: "J"(2)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2004 U.S. Dist. LEXIS 8503
May 11, 2004, Decided
May 11, 2004, Filed, Entered
PROCEDURAL POSTURE: Plaintiff seaman filed an action against defendants, an employer and the owner of a mud barge, under the Jones Act, 46 U.S.C.S. ยง 761. The seaman later added defendant third-party non-employer to the action and added a cause of action against the non-employer for punitive damages under general maritime law. The court granted the non-employer's motion to dismiss the punitive damages claim, and the seaman filed a motion for reconsideration.
OVERVIEW: The seaman was injured while working offshore between a rig and a mud barge. The seaman sought relief in an action against defendants. The action included a punitive damages claim against the non-employer, who had "company men" aboard the barge participating in the operation conducted at the time of the seaman's injury. After the seaman failed to respond to the non-employer's motion to dismiss the punitive damages claim, the court granted the motion as unopposed. The next day, the seaman sought a reconsideration of the decision. The court held that punitive or nonpecuniary damages could be recovered in a general maritime law negligence action against non-employers. The court also implicitly held that the seaman's punitive damages claim against the non-employer was viable where his claims against the non-employer were governed solely by the general maritime law and did not arise from any federal maritime statutes.
OUTCOME: The court granted the seaman's motion for reconsideration and reinstated the seaman's claim for punitive damages.
