Fifth Circuit: No Punitive Damages for Unseaworthiness Claims

The Fifth Circuit, sitting en banc, held that punitive damages were NOT available for unseaworthiness claims.  The case is Haleigh Janee McBride v. Estis Well Serv. and the original opinion can be found here.  In a lengthy opinion, with multiple concurring/dissenting opinions, the panel found that the Supreme Court's decision in Atlantic Sounding Co, Inc. v. Townsend did not overrule the Court's prior precedent in Miles v. Apex Marine Corp.

We took this case en banc to decide whether the seaman plaintiffs in this case, both the injured seamen and the personal representative of the deceased seaman, can recover punitive damages under either the Jones Act or the general maritime law. We affirm the district court and conclude that this case is controlled by the Supreme Court’s decision in Miles v. Apex Marine Corp., which holds that the Jones Act limits a seaman’s recovery to pecuniary losses where liability is predicated on the Jones Act or unseaworthiness. Because punitive damages are non-pecuniary losses, punitive damages may not be recovered in this case.

Stay tuned to this one.  The opinion notes no circuit splits, but we suspect that will not last for long.