Atl. Sounding Co. v. Townsend - 557 U.S. 404, 129 S. Ct. 2561 (2009)

Rule:

Punitive damages for the willful and wanton disregard of the maintenance and cure obligation should remain available in the appropriate case as a matter of general maritime law.

Facts:

Atlantic Sounding Co. allegedly refused to pay maintenance and cure to respondent Townsend for injuries he suffered while working on its tugboat, and then filed this declaratory relief action regarding its obligations. Townsend filed suit under the Jones Act and general maritime law, alleging, inter alia, arbitrary and willful failure to provide maintenance and cure. He filed similar counterclaims in the declaratory judgment action, seeking punitive damages for the maintenance and cure claim. The District Court denied petitioners' motion to dismiss the punitive damages claim, but certified the question for interlocutory appeal. Following its precedent, the Eleventh Circuit held that punitive damages may be awarded for the willful withholding of maintenance and cure.

Issue:

May an injured seaman recover punitive damages for his employer's willful failure to pay maintenance and cure?

Answer:

Yes

Conclusion:

The Supreme Court held that punitive damages were available for willful and wanton disregard of the maintenance and cure obligation as a matter of general maritime law. Punitive damages had long been available at common law, a tradition that extended to maritime claims, including maintenance and cure claims. 46 U.S.C.S. § 30104 of the Jones Act did not eliminate preexisting remedies available to seamen for the common-law cause of action based on the right to maintenance and cure. The language of § 30104 allowing a seaman to "elect" to bring a Jones Act indicated that the Act did not provide an exclusive remedy. The fact that claims for wrongful withholding of maintenance and cure had been brought under the Jones Act did not mean that the Jones Act had replaced common-law remedies.