Clausen v. Icicle Seafoods, Inc.

*73C. Johnson, J.

¶1 This case involves a maritime claim for maintenance and cure and whether, under federal maritime law, a judge, instead of a jury, awards attorney fees following the jury award of compensatory and punitive damages in favor of an injured seaman against the employer for willful failure to pay maintenance and cure. This case also involves whether the jury’s award for punitive damages must be limited and reduced under federal maritime law.

¶2 We hold that a judge determines and awards attorney fees in a maintenance and cure case and that the jury’s punitive damage award for the…