INTERNATIONAL SHIPS SERVICES, LIMITED, APPELLANT/CROSS-APPELLEE,
v.
MEDARDO FLORES CANALES, APPELLEE/CROSS-APPELLANT
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International Ships Services appeals a jury verdict awarding punitive damages to seaman Medardo Flores Canales for willful or arbitrary failure to provide maintenance and cure. The court affirms the punitive damages award but reverses the denial of attorney's fees.
The jury's finding of willful or arbitrary failure to provide maintenance and cure is supported by substantial evidence, and therefore the punitive damages award is affirmed. The trial court erred in denying Canales' motion for attorney's fees because the jury's finding of willful or arbitrary failure to provide maintenance and cure supports an award of attorney's fees.
[1] A jury's finding that a defendant wilfully or arbitrarily failed to provide maintenance and cure is supported by substantial evidence, warranting affirmation of a judgmen…
[2] A trial court errs in denying a seaman's motion for attorney's fees when a jury has found that the defendant wilfully or arbitrarily failed to provide maintenance and cur…
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Join FLexlaw to unlock all legal intelligence“The jury's finding that International Ships wilfully or arbitrarily failed to provide maintenance and cure is supported by substantial evidence.”
Establishes the standard of review and the court's conclusion that the punitive damages verdict should stand.
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Join FLexlaw to unlock all legal intelligenceCanales, a seaman employed by International Ships Services, was injured and the defendant allegedly willfully or arbitrarily failed to provide mainten…
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PER CURIAM.
The defendant, International Ships Services, Limited [International Ships], appeals from an adverse final judgment awarding punitive damages to the plaintiff, Medardo Flores Canales. The plaintiff cross-appeals from the denial of his motion for attorney’s fees. We affirm the final judgment, but reverse the denial of the motion for attorney’s fees.
The jury’s finding that International Ships wilfully or arbitrarily failed to provide maintenance and cure is supported by substantial evidence.1 Accordingly, we affirm the final judgment awarding punitive damages to Canales. See Garay v. Carnival Cruise Lines, Inc., 904 F. 2d 1527 (11th Cir. 1990), cert. denied, 498 U.S. 1119, 111 S.Ct. 1072, 112 L.Ed.2d 1178 (1991); Dos Santos v. Ajax Navigation Corp., 531 So. 2d 231 (Fla.3d DCA 1988), cert. dismissed, 489 U.S. 1048, 109 S.Ct. 1304, 103 L.Ed.2d 574 (1989); Breese v. AWI, Inc., 823 F. 2d 100 (5th Cir.1987); In re Complaint of Merry Shipping, Inc., 650 F. 2d 622 (5th Cir.1981); See also CEH, Inc. v. FV “Seafarer”, 153 F.R.D. 491 (D.R.I.1994); 5-J’s Towing, Inc. v. Verdin, No. CIV.A. 93-0238, 1993 WL 534092, at *3 (E.D.La. Dee. 13, 1993) (quoting Odeco, Inc. v. Cornish, No. CIV.A. 90-0505 & 90-1877, 1991 WL 148746 (E.D.La. July 22, 1991)) (Miles v. Apex Marine Corp., 498 U.S. 19, 111 S.Ct. 317, 112 L.Ed.2d 275 (1990) “does not preclude a seaman’s claim for damages for unreasonable, or arbitrary and capricious failure to pay maintenance and cure.”); Ridenour v. Holland Am. Line Westours, Inc., 806 F.Supp. 910 (W.D.Wash.1992); Logue v. Tidewater, Inc., No. CIV.A 91-1109, 1992 WL 59409, at *2 (E.D.La. Mar. 17, 1992) (refused to extend holding in Miles “beyond claims for loss of society or consortium”); Hannon v. Waterman S.S. Corp., Nos. CIV.A. 80-1175 & 89-1195, 1991 WL 88012 (E.D.La. May 22, 1991); Rowan Cos., Inc. v. Badeaux, Nos. CIV.A. 90-0370 & 90-0756, 1991 WL 175541 (E.D.La. Aug. 28, 1991); Bachu v. International Marine Terminals, No. CIV.A. 91-1526, 1991 WL 211519 (E.D.La. Sept. 27, 1991); but cf. La Voie v. Kualoa Ranch & Activity Club, Inc., 797 F.Supp. 827 (D.Haw.1992).
In light of the jury’s finding, which is supported by the record, that International Ships wilfully or arbitrarily failed to provide maintenance and cure, the trial court erred in denying Canales’ motion for attorney’s fees. See Vaughan v. Atkinson, 369 U.S. 527, 82 S.Ct. 997, 8 L.Ed.2d 88 (1962); Morales v. Garijak, Inc., 829 F. 2d 1355 (5th Cir.1987).
Affirmed in part; reversed in part and remanded for further proceedings consistent with this opinion.
. The jury answered "YES” to the following question: "Did the Defendant, INTERNATIONAL SHIPS SERVICES LIMITED, wilfully or arbitrarily, that is, without reason or with callous disregard, fail to pay or provide maintenance and cure so as to be liable for punitive damages?”
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Norwegian Cruise Lines, Ltd. v. Gregorio Zareno, 712 So. 2d 791 (Fla. 3d DCA 1998)…e shipowner’s conduct to support a claim for punitive damages. See Garay v. Carnival Cruise Line, Inc., 904 F. 2d 1527 (11th Cir.1990); Kloster Cruise Ltd. v. De Sousa, 677 So. 2d 50 (Fla. 3d DCA 1996); International Ships Services, Ltd. v. Canales, 639 So. 2d 74 (Fla. 3d DCA 1994) The identical determination is simply made at different procedural stages. Accordingly, we conclude that the state statute’s procedural requirement of showing a reasonable basis for punitive damages at the complaint stage, neithe…
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Natoel v. Royal Caribbean Cruise, Ltd., 657 So. 2d 26 (Fla. 3d DCA 1995)…defendants were entitled to a directed verdict as a matter of law where the seaman did not present evidence that the defendants had wilfully or arbitrarily failed to provide him with maintenance and cure. International Ships Servs., Ltd. v. Canales, 639 So. 2d 74 (Fla. 3d DCA 1994); Dos Santos v. Ajax Navigation Corp., 531 So. 2d 231 (Fla. 3d DCA 1988), cert. dismissed, 489 U.S. 1048, 109 S.Ct. 1304, 103 L.Ed.2d 574 (1989). Additionally, we affirm the trial court’s entry of the order granting the defendant…
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Kloster Cruise Ltd. v. Segui, 679 So. 2d 10 (Fla. 3d DCA 1996)…496 (5th Cir.1995) (en banc), cert. denied, — U.S. -, 116 S.Ct. 706, 133 L.Ed.2d 662 (1996). Kloster argues that the Fifth Circuit has now receded from the line of eases on which this court relied in International Ships Services, Limited v. Canales, 639 So. 2d 74 (Fla. 3d DCA 1994), and Dos Santos v. Ajax Navigation Corp., 531 So. 2d 231 (Fla. 3d DCA 1988), cert. dismissed, 489 U.S. 1048, 109 S.Ct. 1304, 103 L.Ed.2d 574 (1989). We conclude that Canales and Dos Santos are binding on this panel on this issue,…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Vaughan v. Atkinson, 369 U.S. 527 (U.S. 1962)
- Miles v. Apex Marine Corp., 498 U.S. 19 (U.S. 1990)
- In the Matter of: The Complaint of Merry Shipping, Inc. v. Merry Shipping Co., Inc., 650 F.2d 622 (5th Cir. 1981)
- Mateus Da Cunha dos Santos v. Ajax Navigation Corp., 531 So. 2d 231 (Fla. 3d DCA 1988)
- Balbino Jimenez Garay v. Carnival Cruise Line, Inc., 904 F.2d 1527 (11th Cir. 1990)
- Leopoldo Morales v. Garijak, Inc., 829 F.2d 1355 (5th Cir. 1987)
- Doggett v. United States, 498 U.S. 1119 (U.S. 1991)
- Farr v. Fed. Deposit Ins. Corp., 498 U.S. 1119 (U.S. 1991)
- Fetterly v. Idaho, 489 U.S. 1048 (U.S. 1989)
- Williams v. Kemp, 489 U.S. 1048 (U.S. 1989)