United States Supreme Court Allows Punitive Damages In Maritime Law

May a seaman seek punitive damages when his employer arbitrarily and willfully refuses to pay maintenance and cure for his injuries?

Today, the United States Supreme Court handed down a decision holding that punitive damages have long been an accepted remedy under general maritime law, and that punitive damages for the willful and wanton disregard of the maintenance and cure obligation remain available as a matter of general maritime law.  The maintenance and cure obligation dates back centuries as an aspect of general maritime law, and the failure of a seaman’s employers to provide adequate medical care  was the basis for awarding punitive damages in cases decided in the 1800′s.

The Supreme Court has since registered its agreement with such decisions and has subsequently found that in addition to wages, “maintenance” includes food and lodging at the ship’s expense and “cure” refers to medical treatment.  Miles v. Apex Maine Corp, 498 U.S. 19 does not require eliminating the general maritime remedy of punitive damages for the willful or wanton failure to comply with the duty to pay maintenance and cure.

In July 2005, Edgar Townsend was injured while working aboard the tugboat Thomas.  His employer, Atlantic Sounding Co., Inc., sought declaratory judgment in a Federal District Court to determine its obligations toward him.  Townsend counter-claimed in part, alleging arbitrary and willful failure to pay maintenance and cure for his injuries, and sought punitive damages.  The District Court denied the Motion to Dismiss the punitive damage claim.  The United States Court of Appeals for the 11^th Circuit affirmed.     The U.S. Supreme Court ruled 5-4 in Atlantic Sounding v. Townsend that an injured seaman may recover punitive damages for the willful failure of his employer to pay “maintenance” and “cure”.  Thomas, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, And Breyer,JJ, Joined.  Alito, J., filed a dissenting opinion, in which Roberts, C.J., and Scalia and Kennedy, JJ.,  Joined.