Morales v. Garijak Inc.

829 F.2d 1355 (5th Cir. 1987)

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Nature of the Case

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Facts

P sued D under the Jones Act and general maritime law for injuries, primarily a broken wrist, that he allegedly sustained while employed as a seaman aboard the F/V GARIJAK. P claimed he slipped and fell on the GARIJAK's back deck. He alleged that his injuries were proximately caused by the GARIJAK's unseaworthy condition and D's negligence and lack of due care. P also alleged that Garijak arbitrarily and capriciously refused to pay him maintenance and cure benefits. P testified that, on July 27, 1983, he slipped and fell backwards, thereby suffering his injuries. He stated that another shrimper, Oscar Castillo, laughed at him for falling down, causing P and Castillo to get into an argument. P testified that he informed the captain, Julio Sanchez, about his accident but that Sanchez did not pay much attention to him. P, he did not tell Sanchez that he wanted to return to port to see a doctor because he needed to complete the trip to make more money. P testified that he worked approximately two weeks after his accident and that, two or three days after he returned to port, he went to D's office to obtain his paychecks, received them from the secretary, but did not tell her about his accident. P also stated that he informed Ramiro Alvarado, a co-worker, about his accident. Alvarado testified that he did not see the accident and that P did not tell him about it. He did, however, overhear P and Castillo arguing about the episode. He told Captain Sanchez about P's fall, but Sanchez did not pay much attention. Alvarado also testified that Sanchez had telephoned him after they had returned to port and inquired whether he had seen anybody fall on the GARIJAK and that he had told Sanchez that P had fallen on the back deck. Alvarado later told D's lawyers that he had not seen P fall, but that he had heard P and Castillo arguing about it. He did not observe P having any difficulty in performing his work. Julius Collins, the president of D, testified that he did not pay maintenance and cure because after conducting an investigation he concluded that although P was hurt, the injury did not occur while P was aboard the GARIJAK. Collins testified that Captain Sanchez, Alvarado, and Castillo all told him that they did not see or hear about P's fall. Also, when P had come into the office to pick up his paychecks before making his claim for maintenance and cure, he asked P his name and how he was doing, and P identified himself, indicated he was fine and did not mention an accident, whereupon he handed P his checks. P denied seeing Collins when he picked up the checks. In refusing to pay maintenance and cure, Collins relied not only on P's profession of well-being but also on the fact that P did not seek medical attention until a few weeks after the alleged accident. The jury concluded that D was not negligent; that the GARIJAK was not unseaworthy; that P was entitled to maintenance and cure; that he would reach maximum cure 'Minimum June 30, 1986[,] Maximum December 31, 1986;' that D wrongfully and arbitrarily refused to pay maintenance and cure benefits; that $50,000 would fairly compensate P for 'damages he suffered, including worsening of his medical condition, and attorney's fees for the wrongful and arbitrary failure to pay maintenance and cure;' and that D's refusal to pay maintenance and cure was not 'wanton and intentional or willful and callous.' D appealed.