Tabingo v. Am. Triumph LLC
92913-1
| Wash. | Mar 9, 2017Background
- Allan Tabingo, a deckhand trainee, had two fingers amputated when a hydraulic deck hatch closed on his hand aboard the fishing trawler American Triumph.
- Tabingo alleges the hatch-control lever had been broken for about two years and that American Seafoods knew of the condition and failed to repair it.
- He sued under the Jones Act (employer negligence) and brought a general maritime claim for unseaworthiness, seeking compensatory damages for all claims and punitive damages for his general maritime claims.
- American Seafoods moved to dismiss punitive damages, arguing punitive damages are unavailable for unseaworthiness (relying on McBride and Miles).
- The trial court granted partial summary judgment, dismissing the punitive damages claim; Tabingo appealed directly to the Washington Supreme Court.
- The Washington Supreme Court reversed, holding punitive damages are available for general maritime unseaworthiness claims and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are punitive damages available for a seaman's general maritime unseaworthiness claim? | Tabingo: punitive damages are part of common-law maritime remedies and were not abrogated by the Jones Act; Townsend supports availability. | American Seafoods: Jones Act and Miles limit punitive/nonpecuniary damages; McBride supports barring punitive damages for unseaworthiness. | Court: Punitive damages may be recovered for unseaworthiness; Miles is limited to wrongful-death/statutory contexts and does not control; Townsend governs. |
Key Cases Cited
- Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009) (punitive damages available for general maritime maintenance and cure because common law and maritime tradition permit them)
- Miles v. Apex Marine Corp., 498 U.S. 19 (1990) (limits on damages in maritime wrongful-death/statutory contexts)
- McBride v. Estis Well Serv., LLC, 768 F.3d 382 (5th Cir. 2014) (plurality holding punitive damages barred for unseaworthiness when joined with Jones Act claims)
- The Osceola, 189 U.S. 158 (1903) (historical background on maintenance and cure and maritime remedies)
- Mitchell v. Trawler Racer, Inc., 362 U.S. 539 (1960) (historical development of unseaworthiness doctrine)