Atlantic Sounding Co., Inc., et al. v. Edgar L. Townsend (557 U.S. 404)
U.S. Supreme Court · decided June 25, 2009 · Supreme Court Database (Spaeth)
- Citation
- 557 U.S. 404 · 129 S. Ct. 2561
- Decided
- June 25, 2009
- Term
- October Term 2008
- Vote
- 5–4
- Majority author
- Justice Thomas
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Thomas delivered the opinion of the Court. The question presented by this case is whether an injured seaman may recover punitive damages for his employer’s willful failure to pay maintenance and cure. Petitioners argue that under Miles v. Apex Marine Corp., 498 U. S. 19 (1990), seamen may recover only those damages available under the Jones Act, 46 U. S. C. § 30104. We disagree. Historically, punitive damages have been available and awarded in general maritime actions, including some in maintenance and cure. We find that nothing in Miles or the Jones Act eliminates that availability. I Respondent Edgar L. Townsend was a crew member of the Motor Tug Thomas. After falling on the steel deck of the tugboat and injuring his arm and shoulder, respondent claimed that petitioner Atlantic Sounding, the owner of the tugboat, advised him that it would not provide maintenance and cure. See 496 F. 3d 1282, 1283 (CA11 2007). “A claim for maintenance and cure concerns the vessel owner’s obligation to provide food, lodging, and medical services to a seaman injured while serving the ship.” Lewis v. Lewis & Clark Marine, Inc., 531 U. S. 438, 441 (2001). Petitioners thereafter filed an action for declaratory relief regarding their obligations with respect to maintenance and cure. Respondent filed his own suit under the Jones Act and general maritime law, alleging negligence,…
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