Another U.S. Eastern District Court Holds Punitive Available under Longshore Act 905(b) Claim

In re Aries Marine Corp., CIVIL ACTION No. 19-10850; 19-13138; 2023 U.S. Dist. LEXIS 9838 * (No WestLaw Cite at present) (E.D. La., Jan. 20, 2023, Africk, J.)

            This matter stems from the listing and sinking of RAM XVII, a 195-ton lift boat owned by Aries Marine Corp., on November 18, 2018 in West Delta 68-U,¹ 2 nautical miles from the coast of Louisiana.² Aries filed a complaint for limitation of liability.³ Seven claimants filed answers and claims along with separate complaints against Fugro USA Marine, Inc. ("Fugro"), and Fieldwood Energy LLC ("Fieldwood").⁴

            Aries filed a Motion for Summary Judgment asserting that is entitled to exoneration as a matter of law or limitation to the value of the vessel plus pending freight.⁵ Judge Africk denied summary judgment on exoneration and limitation due to a substantial dispute of facts.⁶ The vessel owner also sought summary judgment on the claim for punitive damages.⁷

            All parties agreed that the claimants’ rights arise under 33 U.S.C. §905(b) which “’provides longshoremen and other maritime workers with a negligence cause of action against vessel owners.’”⁸

            Regarding the claim for punitive damages, Aries, which was not the employer of the claimants, maintained that punitive damages may be available against a third party to those asserting a §905 (b) negligence only when the incident occurs in state territorial waters⁹ relying on Sinegal v. Merit Energy Co.¹⁰The court stated that the case does not address punitive damages and is inapposite.

            Judge Africk denied the Motion for Summary Judgment on punitive damages citing the most recent opinions of other judges of the Eastern District (Bommarito v. Belle Chasse Marine Transp., No. 21-204, 2022 U.S. Dist. LEXIS 103830, 2022 WL 2149445, at *8 (E.D. La. June 10, 2022) (Fallon, J.); In re Rodi Marine LLC, No. 17-5394, 2019 U.S. Dist. LEXIS 28382, 2019 WL 861251, at *3 (E.D. La. Feb 22, 2019)) which have held that punitive damages are available under §905 (b). 

            A copy of the PDF version of the opinion is attached.

            We wish to thank Adam Davis of the Adam Davis law firm for bringing this case to our attention.

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¹ 2023 U.S. Dist. LEXIS 9838 at *4.

² Id. at *14.

³ Id. at *6.

⁴ Id.

⁵ Id. at *6-7.

⁶ Id. at *13 and *15.

7 Id. at *7.

⁸ Id. at 10, citing Anthony v. Deep South Airboats, LLC, No. 21-1070, 2021 U.S. Dist. LEXIS 186507, 2021 WL 4460319, at *2 (E.D. La. Sept. 29, 2021) (Ashe, J.).

9 Id. at *15.

¹⁰ Id. at *15 (No. 07-1740, 2010 U.S. Dist. LEXIS 31070, 2010 WL 1335151, at *3 (W.D. La. Mar. 29, 2010).

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