Wilburn v. Maritrans Gp Inc.

139 F.3d 350 (3rd Cir. 1998)

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Nature of the Case

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Facts

P was injured when he was swept off the deck of the tug, the Enterprise, by a huge wave during a storm. At the time of the accident, P was an able-bodied tankerman. P was 38 and earning $44,000 per year. P sued D for negligence and also claimed that the tug was not seaworthy. Post-accident P still worked as a tankerman, but now with permanent injuries to his left hand, arm, and shoulder, he was severely limited. P also applied for being a barge captain, but he would be required to sail coastwise. Since the accident, P was mentally unable to sail out of sight of land. Dr. Newman testified to the extent of his permanent injuries. Dr. Sadoff testified about his P’s post-traumatic stress rehabilitation which would require the use of a real ship. P got the verdict for $1,000,000 lost future earning capacity. D moved for judgment as a matter of law, and it was granted. The court held there was insufficient evidence of loss of future earning capacity. P appealed.