Atlantic Sounding Co., Inc. v Edgar Townsend

Posted on October 14, 2009
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The U. S Supreme Court heard and decided Atlantic Sounding Co., Inc. v Edgar Townsend (Case WL 1789469), a case that protects a seaman’s right to receive damages if an employer withholds obligatory maintenance and cure.

Edgar Townsend suffered injuries while he worked on a tugboat belonging to the Atlantic Sounding Co., Inc. The company allegedly declined paying the obligatory maintenance and cure provided for under Jones Act.

Maintenance & cure benefits are similar to workmen’s compensation and are available to seamen who are injured while at work. It does not matter if the seaman caused his own injury, it is still covered.

Townsend filed suit for his maintenance & cure and also sought punitive damages.

Atlantic Sounding requested a dismissal of the punitive damages claim but the District Court denied this and the case was heard.

The legal principles presented by the respondent were that punitive damages are part of common law, that punitive damages can extend to a maritime claim and there isn’t a general exclusion for maintenance & cure from these rules.

The Supreme Court used a general rule that punitive damages extend to maritime claims from a case previously decided. [ Lake Shore and Michigan Southern Co. v Prentice, (147 US 101)]

Jones Act also allows for common law cases of maintenance & cure, and allows that since the Act was passed, awards for punitive damages are still available in maintenance & cure cases.

Wanton or willful conduct have all been remedied by punitive damages under common law in the past. Common law tradition previously extended this protection to maritime claims.

There was no explanation during the proceedings as to why any maintenance & cure should be an exception from this tradition.

It was noted in Townsend, punitive damages are commonly accepted as a remedy under maritime law and that Jones Act statements did not alter this acceptance.

It was decided that disregarding obligatory maintenance & cure would allow for the remedy of punitive damages affirming the decision of the Court of Appeals (11th Circuit), recognizing the rights of seamen under maritime law.