Legal Opinion
Ridenour v. Holland America Line Westours, Inc.
District Court, W.D. Washington
Decided November 5, 1992No. C92-846DPublishedCited by 14 opinions
1Opinion of the Court
ORDER
DIMMICK, District Judge.
Defendants in this cause of action seek dismissal pursuant to Fed.R.Civ.P. 12(b)(6) of plaintiffs’ cause of action for punitive damages. The issue here is one of pure law: Are punitive damages available in an action for maintenance and cure? As will be explained below, this Court concludes that they are.
A Rule 12(b)(6) motion requires the Court to read the complaint in the light most favorable to plaintiff, dismissing only if “it appears that plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Russell v. Landrieu, 621…
2Cases cited15 opinions
- Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
- Vaughan v. AtkinsonSupreme Court of the United States · 1962
- Calmar Steamship Corp. v. TaylorSupreme Court of the United States · 1938
- Harden v. GordonU.S. Circuit Court for the District of Maine · 1823
- Warren v. United StatesSupreme Court of the United States · 1951
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Penrod Drilling Corp. v. WilliamsTexas Supreme Court · 1993
- Guevara v. Maritime Overseas Corp.Court of Appeals for the Fifth Circuit · 1994
- Guevara v. Maritime Overseas Corp.Court of Appeals for the Fifth Circuit · 1995
- Glynn v. Roy Al Boat Management Corp.Court of Appeals for the Ninth Circuit · 1995
- CEH, Inc. v. FV "Seafarer" (ON 675048)District Court, D. Rhode Island · 1994
9 more not listed; retrieve them via the Exa API.