Wolf v. McCulley Marine Services, Inc.
8:10-cv-02725
M.D. Fla.Sep 17, 2012Background
- Wolf alleges neck and shoulder injuries from the towing hawser parting while the tug Elizabeth Ann was towing a 600-ton sand barge.
- Captain Phipps, Captain La Chappelle, Wolf, and two deckhands staffed the tug; McCulley Marine maintained the tug and barge, Pine Island Towing employed Wolf.
- Dispute whether an emergency hawser existed on the barge; experts disagree on which hawser was used and the hawser’s weight.
- Wolf contends the vessel was unseaworthy and crew were inadequately trained; defendants argue adequate crewing and proper equipment, and that no negligence occurred.
- Wolf alleges defendants failed to maintain a hawser log and ignored wear; Wolf reported injuries post-incident, while defendants claim delayed reporting.
- Wolf sought maintenance and cure, and later surgery; defendants suspended and reinstated benefits following IMEs and medical advice, culminating in a trial-ready record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether punitive damages on maintenance and cure are warranted | Wolf argues willful and wanton disregard by defendants delaying cure. | McCulley and Pine Island relied on medical opinions and acted in good faith. | Denied partial summary judgment; material fact questions remain. |
| Whether punitive damages and attorney's fees are available for unseaworthiness | Wolf claims vessel unseaworthy and willful denial of remedies. | Defendants contend no willful or wanton conduct; causation disputed. | Denied partial summary judgment; jury questions remain on all factors. |
Key Cases Cited
- Vaughan v. Atkinson, 369 U.S. 527 (U.S. 1962) (maintenance and cure framework and liberal seaman protections)
- Atlantic Sounding Co., Inc. v. Townsend, 557 U.S. 404 (U.S. 2009) (punitive damages available for maintenance and cure and general maritime claims)
- Hines v. LaPorte, Inc., 820 F.2d 1187 (11th Cir. 1987) (examples of willfulness warranting punitive damages and attorney's fees)
- Napier v. F/N DEESIE, Inc., 454 F.3d 61 (1st Cir. 2006) (proximate cause standard for unseaworthiness)
- McClow v. Warrior & Gulf Navigation Co., 842 F.2d 1250 (11th Cir. 1998) (causation standard for unseaworthiness maritime claims)
- Flores v. Carnival Cruise Lines, 47 F.3d 1120 (11th Cir. 1995) (bad faith or unreasonable denial may support attorney's fees)
- In re Amtrak Sunset Ltd. Train Crash, 121 F.3d 1421 (11th Cir. 1997) (punitive damages for maritime actions historically allowed in exceptional circumstances)