Atlantic Sounding Co. v. Townsend
Encyclopedia
Atlantic Sounding Co. v. Townsend, 557 U.S.
___ (2009), was a decision by the Supreme Court of the United States
holding that a seaman
may recover punitive damages
from his employer for failure to pay maintenance and cure. Townsend reversed a line of cases, starting with Guevara v. Maritime Overseas Corp. in the 5th Circuit
(New Orleans), that restricted damages in maritime personal injury cases only to "pecuniary" damages. Consequently, a seaman can now recover both attorney's fees and punitive damages for the willful and wanton refusal of a shipowner to provide medical care to a seaman injured on the job. The Court's 5-4 opinion was delivered by Justice Clarence Thomas
.
The Court explained that Congress never used the words "pecuniary" or "non-pecuniary" to describe the damages available for personal injuries (injuries not causing death) under either the Jones Act
or the Federal Employers Liability Act
. Congress merely said "damages". Hence any limitation on those damages to "pecuniary damages" was a creation of the Courts, not Congress. The Court stated that it "will not attribute words to Congress that Congress did not say."
United States Reports
The United States Reports are the official record of the rulings, orders, case tables, and other proceedings of the Supreme Court of the United States. Opinions of the court in each case, prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are...
___ (2009), was a decision by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
holding that a seaman
Seaman
Seaman is one of the lowest ranks in a Navy. In the Commonwealth it is the lowest rank in the Navy, followed by Able Seaman and Leading Seaman, and followed by the Petty Officer ranks....
may recover punitive damages
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...
from his employer for failure to pay maintenance and cure. Townsend reversed a line of cases, starting with Guevara v. Maritime Overseas Corp. in the 5th Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
(New Orleans), that restricted damages in maritime personal injury cases only to "pecuniary" damages. Consequently, a seaman can now recover both attorney's fees and punitive damages for the willful and wanton refusal of a shipowner to provide medical care to a seaman injured on the job. The Court's 5-4 opinion was delivered by Justice Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
.
The Court explained that Congress never used the words "pecuniary" or "non-pecuniary" to describe the damages available for personal injuries (injuries not causing death) under either the Jones Act
Jones Act
The term Jones Act may refer to one of several federal laws in the United States:*The Jones Act was a 1916 statute sponsored by Representative William Atkinson Jones that provided the Philippine Islands a "more autonomous government" to prepare the territory for independence.*The Jones-Shafroth...
or the Federal Employers Liability Act
Federal Employers Liability Act
The Federal Employers Liability Act , 45 U.S.C. § 51 et seq. , is a United States federal law that protects and compensates railroaders injured on the job.-Background:...
. Congress merely said "damages". Hence any limitation on those damages to "pecuniary damages" was a creation of the Courts, not Congress. The Court stated that it "will not attribute words to Congress that Congress did not say."