Garay v. Carnival Cruise Lines, Inc.

716 F. Supp. 1421, 1989 A.M.C. 1204, 1989 U.S. Dist. LEXIS 12647, 1989 WL 85561
CourtDistrict Court, S.D. Florida
DecidedMarch 14, 1989
DocketNo. 86-0689-CIV
StatusPublished
Cited by1 cases

This text of 716 F. Supp. 1421 (Garay v. Carnival Cruise Lines, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garay v. Carnival Cruise Lines, Inc., 716 F. Supp. 1421, 1989 A.M.C. 1204, 1989 U.S. Dist. LEXIS 12647, 1989 WL 85561 (S.D. Fla. 1989).

Opinion

FINAL JUDGMENT NOTWITHSTANDING THE VERDICT

RYSKAMP, District Judge.

THIS CAUSE is before the court upon defendant’s and plaintiff’s motions for judgment notwithstanding the verdict and defendant’s motion to alter or amend judgment. Plaintiff, Balbino Garay, brought this suit in admiralty for injuries suffered while working as an employee on one of defendant’s ships. The jury returned a verdict for defendant on all but one count, but awarded Garay $275,000.00 on the failure to treat claim. Because the evidence is insufficient to support a verdict in favor of the plaintiff, Nettles v. Electrolux Motor AB, 784 F.2d 1574 (11th Cir.1986), the court must grant defendant's motions and deny plaintiff’s motion.

I. FACTUAL BACKGROUND

Until January 23, 1985, Garay was a seaman on the vessel Tropicale, owned by defendant. On that day, he was found unconscious at the bottom of a stairway on the ship. Garay claims he slipped and fell due to the wax and water on the stairs. Defendant presented evidence that Garay’s intoxication caused the accident. He was immediately given medical treatment on the ship, as well as on shore at the nearest port, Puerto Vallaría, Mexico.

For three weeks, Garay received treatment and therapy at a hospital in San Pedro, California at defendant’s expense. In late February, he returned home to his family in Honduras, accompanied by a nurse. Defendant also gave Garay funds to cover maintenance and cure for three months.

Garay sued, alleging five claims: 1) negligence under the Jones Act, 2) unseaworthiness, 3) failure to provide maintenance and cure, 4) failure to treat, and 5) punitive damages. The case was tried in September 1988 and the jury returned a verdict for the defendant on all claims except the failure to treat claim and awarded plaintiff $275,-000.00. Garay’s maintenance and cure claim failed because the jury found that his injuries were the result of willful misbehavior, namely his intoxication at the time of the accident.

Garay’s failure to treat claim is grounded in defendant’s failure to provide more than three weeks of therapy following the accident. He claims defendant is required to provide cure until maximum medical improvement (“MMI”), Farrell v. United States, 336 U.S. 511, 69 S.Ct. 707, 93 L.Ed. 850 (1949), and that Garay never reached MMI.

II. DEFENDANT’S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT

Defendant, in its motion for judgment notwithstanding the verdict, argues there can be no recovery for failure to treat where there is no liability for maintenance and cure because of willful misbehavior. Garay responds that willful misbehavior does not preclude recovery under the Jones [1423]*1423Act and that his drunkeness does not prevent recovery for a failure to treat.

1. The Negligence and Unseaworthiness Claims

The apparent conflict in the jury verdict is a result of a misperception of the various claims made by Garay. The Jones Act, 46 U.S.C.App. § 688, requires proof of negligence and imposes the same duties on shipowners as federal law imposes on railroad owners. Jacob v. New York, 315 U.S. 752, 62 S.Ct. 854, 86 L.Ed. 1166 (1942). The jury found that there was no negligence on the part of defendant that was the legal cause of plaintiff’s injuries, so there can be no recovery under the Jones Act. The jury also found for the defendant on the unseaworthiness claim. These claims cannot be the basis of any recovery.

2. Maintenance and Cure

A claim for maintenance and cure arises out of the shipowner’s traditional responsibility for his crew. The shipowner’s duty to provide medical treatment for the seaman who becomes ill or is injured while in the service of the ship derives from the unique hazards which attends the work of seamen. Vella v. Ford Motor Co., 421 U.S. 1, 95 S.Ct. 1381, 43 L.Ed.2d 682 (1975). Because a ship is often far removed from civilization, the captain or shipowner must assume responsibility for the welfare of his crew. Even if injured by accident or through his own fault, a seaman should be cared for by the shipowner and not “left for the sharks.” “So broad is the shipowner’s obligation, that negligence or acts short of culpable misconduct on the seaman’s part will not relieve him of the responsibility.” Aguilar v. Standard Oil Co., 318 U.S. 724, 730-731, 63 S.Ct. 930, 933-934, 87 L.Ed. 1107 (1943).

Generally, the seaman is entitled to maintenance (living expenses while he recovers) and cure (medical attention) until he reaches MMI, or maximum cure, the point after which further treatment will not improve the seaman’s condition. Pelotto v. L & N Towing Co., 604 F.2d 396, 400 (5th Cir.1979). The seaman should show he was injured in service to the ship, but this requirement is interpreted liberally to allow recovery because “it is the ship’s business which subjects the seaman to risks” outside the direct scope of his duties. Aguilar, 318 U.S. at 734, 63 S.Ct. at 935. When there are ambiguities or doubts, they are resolved in favor of the seaman. Vaughan v. Atkinson, 369 U.S. 527, 532, 82 S.Ct. 997, 1000, 8 L.Ed.2d 88 (1962). Only some willful misbehavior or deliberate act of indiscretion, such as drunkenness or illicit intercourse resulting in the contraction of a venereal disease, will deprive the seaman of this protection. Aguilar, 318 U.S. at 731, 63 S.Ct. at 934.

In the instant case, the jury found that Garay’s willful misbehavior, his drunkenness, was the cause of the accident and that he could not recover on this count. Therefore, a maintenance and cure claim cannot be the basis of any recovery.

3.Failure to Treat

A. claim for failure to treat also arises from the traditional duty of a shipowner to care for his crew. A plaintiff may recover for any additional injuries caused by the shipowner’s unreasonable failure to treat or to provide prompt medical care. Joyce v. Atlantic Richfield Co., 651 F.2d 676, 685 (10th Cir.1981). This basic responsibility is separate from a duty of maintenance and cure and should attach regardless of the seaman’s negligence or misbehavior. “It would be inhumane to leave a helpless man without succor.” The Quaker City, 1 F.Supp. 840 (E.D.Penn.1931).

This claim has also been characterized as a breach of the duty of maintenance and cure. In this form of the claim, plaintiff may recover if defendant unreasonably refused to provide maintenance and cure. Hines v. J.A. Laporte, Inc., 820 F.2d 1187, 1190 (11th Cir.1987). A related claim is for negligent treatment, where plaintiff may recover for damages caused by defendant’s negligent medical treatment.

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Balbino Jimenez Garay v. Carnival Cruise Line, Inc.
904 F.2d 1527 (Eleventh Circuit, 1990)

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Bluebook (online)
716 F. Supp. 1421, 1989 A.M.C. 1204, 1989 U.S. Dist. LEXIS 12647, 1989 WL 85561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garay-v-carnival-cruise-lines-inc-flsd-1989.