Legal Opinion
Dyer v. Merry Shipping Co.
Court of Appeals for the Fifth Circuit
Decided July 13, 1981No. 80-7292PublishedCited by 12 opinions
1Opinion of the Court
RONEY, Circuit Judge:
The chief issue on appeal is one of first impression in this Circuit: may punitive damages be recovered in a seaman’s action brought under either general maritime law or the Jones Act, or both. We hold that punitive damages may be recovered under general maritime law upon a showing of willful and wanton misconduct by the shipowner in the creation or maintenance of unseaworthy conditions. We do not now decide whether such damages may be recovered under the Jones Act. The district court’s dismissal of the claim for punitive damages is reversed.
This litigation arose out of…
2Cases cited36 opinions
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- The OsceolaSupreme Court of the United States · 1903
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3Cited by12 opinions
- Jerry Smith, Cross-Appellee v. Atlas Off-Shore Boat Service, Inc., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1981
- Merry Shipping, Inc. v. Merry Shipping Company, Inc.Court of Appeals for the Fifth Circuit · 1981
- Protectus Alpha Navigation Co., Ltd. v. North Pacific Grain Growers, Inc.Court of Appeals for the Ninth Circuit · 1985
- Kopczynski v. The JacquelineCourt of Appeals for the Ninth Circuit · 1984
- Guevara v. Maritime Overseas Corp.Court of Appeals for the Fifth Circuit · 1995
7 more not listed; retrieve them via the Exa API.