Batterton v. Dutra Group, No. 15-56775 (9th Cir. 2018)
Annotate this CasePunitive damages are awardable to seamen for their own injuries in general maritime unseaworthiness actions. The Ninth Circuit affirmed the district court's denial of defendant's motion to strike a prayer for punitive damages. The panel held that Miles v. Apex Marine Corp., 498 U.S. 19 (1990), did not implicitly overrule the holding of Evich v. Morris, 819 F.2d 256 (9th Cir. 1987). Under Miller v. Gammie, 335 F.3d 889 (9th Cir. 2003), Evich remains good law. Under Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009), the panel reached the same conclusion Evich did, even if the panel were not bound by Evich.
Court Description: Maritime Law. Affirming the district court’s denial of the defendant’s motion to strike a prayer for punitive damages, the panel held that punitive damages are awardable to seamen for their own injuries in general maritime unseaworthiness actions. Disagreeing with the Fifth Circuit, the panel concluded that Miles v. Apex Marine Corp., 498 U.S. 19 (1990), did not implicitly overrule the holding of Evich v. Morris, 819 F.2d 256 (9th Cir. 1987), that punitive damages are an available remedy for unseaworthiness claims.
The court issued a subsequent related opinion or order on August 12, 2019.
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