Washington Supreme Court upholds $1.3 million award to injured engineer in maritime case
Clausen v. Icicle Seafoods, Inc. (Wash. Mar. 15, 2012)
Decision: Justia; Findlaw. Background: Maritime Northern Blog
Opinion by Associate Chief Justice Charles W. Johnson. Dissent by Justice James M. Johnson, joined by Justice Gerry L. Alexander
Engineer on a ship suffered serious injuries while lifting a 122-pound piece of steel. In a Jones Act case filed in Washington state court against the ship owner, he recovered $450,000 in compensatory damages for his injuries, $37,000 in compensatory damages which had not been timely paid for maintenance and cure, and $1.3 million in punitive damages for the willful misconduct of not timely paying for maintenance and cure. He was also awarded $428,000 in fees and costs.
The Washington Supreme Court affirmed in full. As to the exemplary damages tied to the maintenance-and-cure recovery, which were 35 times the wrongfully withheld money, the court held that they were justified, and not a violation of federal due process, based on deterrence.
Philip Albert Talmadge, James P. Jacobsen, and Lawrence N. Curtis for plaintiff
Michael Alan Barcott, Thaddeus O’Sullivan, Megan Elizabeth Blomquist for defendant.
Lincoln Dennis Sieler, David W. Robertson, for Amicus Curiae Inlandboatmen’s Union of the Pacific