Legal Opinion
Mario Flores v. Carnival Cruise Lines
Court of Appeals for the Eleventh Circuit
Decided March 21, 1995No. 93-5209PublishedCited by 38 opinions
1Opinion of the Court
CARNES, Circuit Judge:
This case presents a novel question: if a seaman whose income consists mainly of tips becomes ill or injured and is unable to work, can he recover those tips under the remedy for wages that is provided by admiralty law? We hold that the average tip income the seaman was earning prior to his incapacitation is to be included in the measure of wages he is due if he becomes unable to work.
I. FACTS AND PROCEDURAL HISTORY
Mario Flores is a seaman who signed two consecutive employment contracts to work as a cabin steward on cruise ships owned by Carnival Cruise Lines. Flores…
2Cases cited31 opinions
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
- Vaughan v. AtkinsonSupreme Court of the United States · 1962
- Calmar Steamship Corp. v. TaylorSupreme Court of the United States · 1938
- Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
26 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Doe v. Princess Cruise Lines, Ltd.Court of Appeals for the Eleventh Circuit · 2011
- Childree v. UAP/GA AG Chem, Inc.Court of Appeals for the Eleventh Circuit · 1996
- Thomas v. Carnival Corp.Court of Appeals for the Eleventh Circuit · 2009
- White v. Mercury MarineCourt of Appeals for the Eleventh Circuit · 1997
- Johnson v. DeSoto County Board of CommissionersCourt of Appeals for the Eleventh Circuit · 1996
33 more not listed; retrieve them via the Exa API.