McBride, et al. v. Estis Well Service L. L. C., No. 12-30714 (5th Cir. 2013)Annotate this Case
These consolidated cases arose out of an accident aboard Estis Rig 23, a barge supporting a truck-mounted drilling rig. The principal issue was whether seamen could recover punitive damages for their employer's willful and wanton breach of the general maritime law duty to provide a seaworthy vessel. Like maintenance and cure, unseaworthiness was established as a general maritime claim before the passage of the Jones Act, 46 U.S.C. 30104; punitive damages were available under general maritime law; and the Jones Act did not address unseaworthiness or limit its remedies. Accordingly, the court reversed and remanded, concluding that punitive damages remained available as a remedy for the general maritime law claim of unseaworthiness.
The court issued a subsequent related opinion or order on February 25, 2014.
The court issued a subsequent related opinion or order on September 25, 2014.
The court issued a subsequent related opinion or order on October 24, 2014.