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7.8 Jones Act Negligence or Unseaworthiness—Damages—Proof (Comment only)

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7.8 JONES ACT NEGLIGENCE OR UNSEAWORTHINESS—DAMAGES—PROOF

Comment

See Instruction 5.1 (Damages—Proof).

The collateral source rule applies in cases brought under the Jones Act. See Folkestad v. Burlington N., Inc., 813 F.2d 1377, 1380 n.3 (9th Cir. 1987) (citing Gypsum Carrier, Inc. v. Handelsman, 307 F.2d 525 (9th Cir. 1962)).

"Maintenance and cure" is a separate general maritime law doctrine, not arising from the Jones Act or doctrine of unseaworthiness. It is not tied to the period that the plaintiff would have worked aboard ship, but extends to the point of maximum cure. See Instruction 7.11 (Maintenance and Cure—Elements and Burden of Proof).

Punitive damages are not an available remedy on an unseaworthiness claim. Dutra Group v. Batterton, 139 S.Ct. 2275, 2287 (2019), rev’g Batteron v. Dutra Group, 880 F.3d 1089 (9th Cir. 2018). Nor are punitive damages available for Jones Act claims. Evich v. Morris, 819 F.2d 256, 258 (9th Cir. 1987) (citing Kopczynski v. The Jacqueline, 753 F.2d 555, 560-61 (9th Cir. 1984)).

  

Revised Oct. 2018