Washington State Court Rules On Punitive Damages In Maintenance and Cure Claim - Orders Icicle To Pay Injured Fisherman Over 2 Million Dollars
Beard Stacey & Jacobsen, LLP has established a landmark decision for an injured seaman before the Washington State Supreme Court. The ruling yesterday declares that there is no pre-established arbitrary cap on a seaman’s right to punitive damages for the wrongful withholding of maintenance and cure benefits.
Accepting Dana Clausen’s team of lawyers’ arguments, the Washington State Supreme Court denied Icicle Seafoods’ attempt to cap a seaman’s right to punitive damages. In Clausen v. Icicle Seafoods, Inc., Case No. 85200-6, the Washington Supreme Court upheld a jury verdict of 1.3 million dollars in punitive damages against Icicle. The jury found Icicle’s conduct in refusing to pay the injured seaman’s medical bills and maintenance in an amount of $35,000 to be willful, wanton and malicious conduct, and that it was financially motivated. The Court rejected Icicle’s argument that the Supreme Court’s decision in the Exxon Valdez case required that there be a one-to-one ratio of compensatory damages to punitive damages. The Washington Supreme Court stated the policy and purpose of punitive damages is to punish and deter egregious conduct and rejected Icicle’s argument that punitive damages should be capped based upon the size of the underlying claim. The Court noted that, because of Icicle’s conduct, Clausen, who had suffered a back injury in a lifting accident aboard Icicle’s vessel, had been forced into poverty and was forced to move into a broken down wreck of a travel trailer while trying to live on just a $20 a day living allowance.
