A major decision with many implications in the marine world, Atlantic Sounding Co. Inc. v. Townsend, was decided by the U.S. Supreme Court on June 25, 2009, on certiorari from the U.S. Court of Appeals for the Eleventh Circuit.1 The issue was whether punitive damages, recently affirmed in maritime cases in the Exxon Valdez oil spill litigation, could be applied to a willful failure of a ship owner to pay “maintenance” and “cure” expenses to injured crew members. Most federal appellate courts have only allowed payment of attorney’s fees for such willful failure.
Maintenance and Cure
The legal obligation of a seaman’s employer to provide maintenance and cure dates back centuries as an aspect of general maritime law.2 Maintenance is a monetary amount to compensate an injured seaman for out-of-pocket daily expenses such as food and lodging that the seaman would not otherwise have to incur while living aboard ship. Cure is payment for a seaman’s medical treatment to the point of maximum medical improvement.
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