Nevor v. Moneypenny Holdings, LLC, No. 16-1302 (1st Cir. 2016)Annotate this Case
Plaintiff, a former professional sailor, was an employee of Defendant, which owed a sailing vessel and motor support vessel. Plaintiff was injured during his employment. Plaintiff later invoked admiralty jurisdiction and sued Defendant in federal district court alleging negligence under the Jones Act and unseaworthiness under general maritime law. The district court awarded Plaintiff $1,460,458 in damages for loss of earnings and loss of future earning capacity and for pain, suffering, and mental anguish. The court subsequently granted Plaintiff’s motion to add prejudgment interest to the damages award. Defendant appealed, arguing that the damages award was excessive and that the prejudgment interest increment was inappropriate. The First Circuit (1) affirmed the award of damages, holding that the award was not excessive; and (2) affirmed in part and reversed in part the interest award, holding that the district court committed reversible error in failing to follow Borges v. Our Lady of the Sea Corp. in awarding prejudgment interest.