Legal Opinion

Maritime Overseas Corp. v. Waiters

Texas Supreme Court

Decided February 9, 1996No. 95-0678PublishedCited by 17 opinions

1Opinion of the CourtJustice Enoch

The sole issue in this admiralty case is whether punitive damages are recoverable under general maritime law for willful and arbitrary failure to pay maintenance and cure. Because we conclude that punitive damages are not recoverable in such claims, we modify the judgment of the court of appeals, — S.W.2d -, to delete the award of punitive damages and, as modified, we affirm.

Thomas C. Waiters, a steward’s assistant aboard the Overseas Marilyn, injured his back when he fell down some stairs on the ship. Maritime Overseas Corporation paid for Waiters’ maintenance and cure from April 1989 to…

2Cases cited7 opinions

  1. Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
  2. Vaughan v. AtkinsonSupreme Court of the United States · 1962
  3. Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
  4. Penrod Drilling Corp. v. WilliamsTexas Supreme Court · 1993
  5. Merry Shipping, Inc. v. Merry Shipping Company, Inc.Court of Appeals for the Fifth Circuit · 1981

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3Cited by17 opinions

  1. Weeks Marine, Inc. v. GarzaTexas Supreme Court · 2012
  2. Offshore Pipelines, Inc. v. Schooley, Texas Court of Appeals, 1st District (Houston)1999
  3. Marine Transport Corp. v. Methodist Hospital, Texas Court of Appeals, 1st District (Houston)2006
  4. Day Cruises Maritime, L.L.C. v. Christus Spohn Health System, Texas Court of Appeals, 13th District2008
  5. Corpus Christi Day Cruise, LLC v. Christus Spohn Health System Corp.Court of Appeals of Texas · 2012

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