Matches in DBpedia 2014 for { ?s ?p Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009), was a decision by the Supreme Court of the United States holding that a seaman may recover punitive damages from his employer for failure to pay maintenance and cure. Townsend reversed a line of cases, starting with Guevara v. Maritime Overseas Corp. in the 5th Circuit (New Orleans), that restricted damages in maritime personal injury cases only to "pecuniary" damages. Consequently, a seaman can now recover both attorney's fees and punitive damages for the willful and wanton refusal of a shipowner to provide medical care to a seaman injured on the job. The Court's 5-4 opinion was delivered by Justice Clarence Thomas. The Court explained that Congress never used the words "pecuniary" or "non-pecuniary" to describe the damages available for personal injuries (injuries not causing death) under either the Jones Act or the Federal Employers Liability Act.[citation needed] Congress merely said "damages". Hence any limitation on those damages to "pecuniary damages" was a creation of the Courts, not Congress. The Court stated that it "will not attribute words to Congress that Congress did not say.". }
Showing items 1 to 1 of
1
with 100 items per page.
- Atlantic_Sounding_Co._v._Townsend abstract "Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009), was a decision by the Supreme Court of the United States holding that a seaman may recover punitive damages from his employer for failure to pay maintenance and cure. Townsend reversed a line of cases, starting with Guevara v. Maritime Overseas Corp. in the 5th Circuit (New Orleans), that restricted damages in maritime personal injury cases only to "pecuniary" damages. Consequently, a seaman can now recover both attorney's fees and punitive damages for the willful and wanton refusal of a shipowner to provide medical care to a seaman injured on the job. The Court's 5-4 opinion was delivered by Justice Clarence Thomas. The Court explained that Congress never used the words "pecuniary" or "non-pecuniary" to describe the damages available for personal injuries (injuries not causing death) under either the Jones Act or the Federal Employers Liability Act.[citation needed] Congress merely said "damages". Hence any limitation on those damages to "pecuniary damages" was a creation of the Courts, not Congress. The Court stated that it "will not attribute words to Congress that Congress did not say."".