Conday v. Offshore Drilling Co

Filing 91

AMENDED REASONS FOR RULING AND AMENDED RULING re 48 MOTION for Partial Summary Judgment filed by Offshore Drilling Co. The courts prior Ruling on the defendants Motion for Partial Summary Judgment document 88 is VACATED. The defendants Motion f or Partial Summary Judgment on plaintiffs claim for punitive damages for failure to promptly pay maintenance and cure document 48 is DENIED as the Offshore Drilling Company is not entitled to partial summary judgment as a matter of law. Signed by Magistrate Judge C Michael Hill on 10/7/2009. (crt,Reasor, M)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF LOUISIANA G R E G O R Y CONDAY VERSUS T H E OFFSHORE DRILLING COMPANY * CIVIL NO. 07-cv-0882 * MAGISTRATE JUDGE HILL * BY CONSENT OF THE PARTIES

A M E N D E D REASONS FOR RULING AND AMENDED RULING R e lyin g on the Fifth Circuit's decision in Guevara v. Maritime Overseas Corp., 59 F.3d 1 4 9 6 (5 th Cir. 1995), the Offshore Drilling Company seeks Partial Summary Judgment on p la in tif f 's claim for punitive damages for failure to promptly pay maintenance and cure. [rec. d o c . 48]. The plaintiff, Gregory Conday, has filed opposition. [rec. doc. 61]. On June 25, 2009, the Supreme Court abrogated the Guevara decision holding that a se a m a n is entitled, as a matter of general maritime law, to seek punitive damages for his e m p lo ye r's alleged willful and wanton disregard of its maintenance and cure obligation. Atlantic Sounding Co.,Inc. v. Townsend, - - U.S. - -, 129 S.Ct. 2561 (2009). In so holding, the C o u rt found that punitive damages have long been an accepted remedy under general maritime law , and that neither Miles v. Apex Marine Corp., 498 U.S. 19, 111 S.Ct. 317, 112 L.Ed.2d 275, n o r the Jones Act altered this understanding; thus, punitive damages for the willful and wanton d is re g a rd of the maintenance and cure obligation remain available as a matter of general m a ritim e law. Accordingly, The court's prior Ruling on the defendant's Motion for Partial Summary Judgment [rec. d o c . 88] is vacated.

T h e defendant's Motion for Partial Summary Judgment on plaintiff's claim for punitive d a m a g e s for failure to promptly pay maintenance and cure [rec. doc. 48] is DENIED as the O f f s h o re Drilling Company is not entitled to partial summary judgment as a matter of law. S ig n e d this 7 th day of October, 2009, Lafayette, Louisiana.

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