302 F. Supp. 388 | S.D.N.Y. | 1969
Action by plaintiff, a merchant seaman, to recover maintenance and cure benefits for a period from December 10, 1965 to January 19, 1966, in the sum of $320.00. Defendant essentially defends on ground that plaintiff, by General Release, settled his claim. Judgment for the defendant.
The Court has jurisdiction since this is a typical seaman action for maintenance and cure under the General Maritime Law.
The parties have essentially stipulated the facts in this case.
The General Release in question is a standard form release generally referred to as a “Red Form” General Release. At the top, in one-quarter inch red printing is written, “THIS IS A GENERAL RELEASE”. Immediately following in one-eighth inch red printing appears “WARNING — READ CAREFULLY
.” and then continues on, “By signing this paper YOU AGREE to give up every right against all the parties and vessels mentioned in this paper which you ever had, you now have, or you may in the future have because of any matter or any thing which ever happened from the beginning of the world up to the time you sign this paper.” (Emphasis Supplied). In the body of the release there appears in one-quarter inch red printing, “THIS IS A RELEASE” and following this in one-eighth inch black printing, “I know that in signing this release I am taking
It is well settled law that the burden is upon one who sets up a seaman’s release to show that it was executed freely, without deception or coercion and that it was made by the seaman with full understanding of his rights. Garrett v. Moore-McCormack Company, Inc., 317 U.S. 239, 247, 63 S.Ct. 246, 87 L.Ed. 239 (1942); Law v. United Fruit Company, 264 F.2d 498 (C.A.2 1959); Kelcey v. Tankers Company, Inc., 217 F.2d 541 (C.A.2 1954).
The plaintiff in this proceeding is represented by the same lawyer who represented him in the original action. In that action a complaint and a summons, dated April 8, 1965 was served. In paragraph 8 of the complaint the plaintiff asserts “he has in the past been and will in the future be obliged to expend monies and incur obligations for medical care and attention; he has in the past suffered and will in the future continue to suffer * * * he has in the past been and will in the future continue to be disabled from performing his usual duties, occupations and avocations.” This is what plaintiff was paid for and for which he signed the General Release.
Although the plaintiff returned to this country from Italy when he was 11 years old, he did attend local schools and was educated through eighth grade, at which time he went to work. He served in the Armed Forces and was honorably discharged as a private first class. He was employed at a well known restaurant in New York City for ten years as a waiter and then sailed on ships for about 3 years in the capacity of a waiter. In obtaining this employment he spent many days at the Union Hall and had occasion to discuss general maritime matters with his colleagues. Since leaving the ship he has become a Captain in a well known restaurant in New York City. In short this plaintiff is not naive.
At the time of negotiating his settlement in the original case he had the benefit of able counsel. The Court finds that there is no evidence at all of overreaching or inadequacy. The pain which occurred after the settlement of the original case was a recurrence of the condition for which he had already been paid. In that case he was paid $2,000.00 over the then due maintenance and cure of $336.00. It is clear that the General Release covers this recurrent condition and that the defendant at that time bought his peace from just this kind of happening. There is no claim that there was any intervening cause other than the return to employment doing essentially the same kind of work. Specifically, there was no claim of any other accident causing this condition.
“Any other result would be no kindness to the seaman, for it would make all settlements dangerous from the employer’s standpoint and thus tend to force the seaman more regularly into the courts of admiralty. Even if a seaman is the court’s ward, the court cannot be always at hand to watch over him, for it can only move ponderously in a formal lawsuit. Fair settlements are in the interest of the men, as well as of the employers.”
Similarly, in Sitchon v. American Export Lines, Inc., 113 F.2d 830 (2 Cir. 1940), the Court of Appeals said:
“When a seaman has made a settlement after full investigation and with independent advice, we can see no ground for holding it invalid. The question in any case is whether the seaman, if he is acting alone, has intelligence enough fully to understand the situation and the risk he takes in giving up the right to prosecute his claim or whether, if he is acting under advice, that advice is disinterested and based on a reasonable investigation. Here the seaman and his attorney before making the settlement relied on two examinations by the Marine Hospital and the defendant made no separate examination. Each party entered into a settlement based on identical information and conducted in the fairest manner.
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The release here contemplated a settlement of claims for all present and future damages arising out of the accident. The settlement does not bear the slightest taint of fraud and if there was a mistake as to the nature or extent of the injuries, and the judge in the court below seems to have thought there was none, the release accompanying a settlement fairly arrived at was a bar to plaintiff’s action.”
The point made by the plaintiff that future maintenance and cure claims may not be released under the circumstances of this case, is not well taken. The question of whether as a matter of law a seaman can release an employer from all future maintenance and cure where it develops that further treatment is required after he signs a release was decided by our Court of Appeals affirmatively in Law v. United Fruit Company, 264 F.2d 498 (2 Cir.1959).
Judgment for the defendant.
So ordered.
. Pretrial order, dated September 14, 1967.