Recent Development by H.J. Haikala
In late November 1981, the F/V ST. PATRICK set sail for a fishing operation off the Alaskan coast. Due to the master's unexpected absence, the vessel proceeded under the command of the mate who was not licensed for fishing beyond Alaskan territorial waters. Thirteen miles from shore, a storm wave rolled the ST. PATRICK onto its side, and the mate ordered the crew to abandon the ship. Ten of the twelve crew members perished from exposure to the cold sea water. In an action brought by the surviving crew members and representatives of the deceased, the trial court found the owners liable for negligence and unseaworthiness of the vessel. The trial court, finding the owners guilty of ‘gross, willful and wanton misconduct,’ awarded punitive damages. The Ninth Circuit Court of Appeals, in reviewing the damage awards, held that punitive damages are not available for wrongful death under the Death on the High Seas Act or Jones Act. Bergen v. F/V ST. PATRICK, 816 F.2d 1345 (9th Cir. 1987).
About the Author
H.J. Haikala.
Citation
62 Tul. L. Rev. 1139 (1988)