Collective Bargaining Agreement Interpreted To Allow More Than $15 A Day For Maintenance
JOHN MARCIC, Plaintiff-Appellant, v. REINAUER TRANSPORTATIONCOMPANIES, REINAUER TRANSPORTATION CO., L.L.C., REINAUER MARITIME GROUP, STEPHENREINAUER, in rem, AUSTIN REINAUER, in rem, and BARGE RTC 501, in rem,Defendants-Appellees.
Docket No. 03-9273
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
397 F.3d 120; 2005 U.S. App. LEXIS 1735; 66 Fed. R. Evid.Serv. (Callaghan) 470; 2005 AMC 621
PROCEDURAL POSTURE: A jury returned a verdict in favor of defendant ship owners on plaintiff seaman's unseaworthiness and Jones Act claims but awarded the seaman $75,000 for maintenance. The United States District Court for the Eastern District of New York granted the owners' motion to reduce the maintenance award under a collective bargaining agreement (CBA). The seaman appealed, seeking a new trial on the failed claims and restoration of the award.
OVERVIEW: It was not improper for the owners' counsel to invoke financial incentive in an impeachment attempt. There were only a handful of questions as to a previous injury and consultation with a lawyer. Asking the vocational expert if he had seen a document signed by a doctor releasing the seaman to full duty did not require a new trial; the document had stated that the seaman was able to return to work. While counsel suggested that the seaman and his witnesses were willing to lie to make money, counsel did not engage in personal attacks on opposing counsel, use epithets or slurs, or appeal to prejudices. There was an insufficient foundation to support admission of a deck hand's alleged statement that the ship's rail was painted without a non-skid additive. There was no evidence the deck hand painted the rail so that his statement related to a matter within the scope of his agency relationship with the owner. The ambiguous CBA provided a minimum of $15 per day for maintenance, but also stated that $15 per day was subject to a non fit for duty certificate. It allowed for a flexible-rate interpretation. The jury was free to exceed $15 per day minimum. The award was to be restored.
OUTCOME: The jury's finding for the owners was affirmed as to the unseaworthiness and Jones Act claims. The district court's reduction of the maintenance award was vacated and the case was remanded for reentry of the jury's $75,000 maintenance award.
