In a lengthy decision, the Supreme Court of Rhode Island addressed a number of Jones Act-related issues, ultimately holding: (1) that the trial justice’s unearned wages jury instruction, which was part of his instructions to the jury with respect to the plaintiff’s claim for maintenance and cure, was erroneous and resulted in prejudice to the defendant; (2) that the trial justice overlooked and misconceived material evidence in the course of granting the plaintiff’s motion for a new trial on his claims for negligence under the Jones Act and breach of the warranty of seaworthiness; and (3) that the trial justice erred in applying Rhode Island’s prejudgment interest statute, rather than following federal maritime law, which would have required the plaintiff to request an instruction whereby the issue of awarding prejudgment interest (vel non) would be submitted to the jury. As to the unearned wages jury instruction, the court stated (withRead more
Supreme Court Petition Filed in Dize v. Association of Maryland Pilots
On April 18, 2014, counsel for Jennifer Dize, the personal representative of the Estate of William Smith Dize, filed a interesting and very well-written petition for certiorari in the Supreme Court of the United States. The issue: To qualify as a “seaman” under the Jones Act, 46 U.S.C. § 30104, a maritime worker who “contribute[s] to the function of [a] vessel or to the accomplishment of its mission” must have “a connection to a vessel in navigation (or to an identifiable group of such vessels) that is substantial in terms of both its duration and its nature.” Chandris, Inc. v. Latsis, 515 U.S. 347, 368 (1995) (internal quotation marks and alteration omitted). In assessing “substantiality,” this Court has endorsed a “rule of thumb” that, ordinarily, a qualifying seaman must spend 30 percent or more of his time in service of a vessel in navigation, id. at 371, but this CourtRead more
Eleventh Circuit: Seafarer’s Agreement Required Arbitration of Jones Act Claim
Plaintiff, a Honduran citizen, injured his back while working as a mason aboard a Carnival vessel. The injury required surgery and eventually led to “serious orthopedic and neurological problems, including numbness in both legs, difficulty urinating, need for a catheter, sexual dysfunction, and psychological problems.” Plaintiff worked for employer under a Seafarer Agreement. The Agreement included an arbitration clause requiring the arbitration of all disputes (except wage disputes). After his injury, Plaintiff asserted claims of Jones Act negligence, unseaworthiness, and failure to provide adequate maintenance and cure. Acting on a motion to compel arbitration filed by the Defendant, the district court “granted the motion, dismissed as moot all other pending motions, and closed the case for administrative purposes.” Plaintiff appealed to the Eleventh Circuit, which was called upon to answer a jurisdiction question and a substantive question. First, the court addressed the jurisdiction question, which addressed whether the Eleventh CircuitRead more