King County Jury Imposes Punitive Damages in Maritime Maintenance and Cure Claim
A King County jury recently awarded an injured seaman $1.5 million in damages, which included $1.2 million in punitive damages against his employer, Icicle Seafoods of Seattle. The plaintiff Dana Clausen argued, and the jury found, that Icicle had failed to pay for necessary treatment and had withheld a medical report substantiating the need for this treatment. The jury found that the company "callously" refused to pay for this medical care, which justified a punitive damages award.
This case is notable in that it comes shortly after the U.S. Supreme Court's decision of Atlantic Sounding Co. v. Townsend (previously discussed on the Seattle Maritime Blog), which held that that a seaman can recover punitive damages on a maritime maintenance and cure case if there is a showing of “willful and wanton” conduct by the defendant.
The jury's finding in this case appears to follow the logic of Atlantic Townsend in justifying punitive damages in a maritime injury claim, but it will be interesting to see whether Icicle will challenge this award or seek further clarification of this punitive damages rule from the appellate courts.
A brief story about this verdict was recently published by the Seattle Times.
Lafcadio Darling specializes in maritime and commercial litigation, representing a wide variety of business and consumer clients. In addition to being licensed in Washington and California, Lafcadio also holds an LL.M. from University College London and is a licensed solicitor in England & Wales
