Puthe v. Exxon Shipping Co., 89-CV-1619.

• Decision Date: 26 September 1992
• Docket Number: No. 89-CV-1619.,89-CV-1619.
• Citation: 802 F. Supp. 819
• Parties: Kurt A. PUTHE Jr., Plaintiff, v. EXXON SHIPPING COMPANY, Defendant.
• Court: U.S. District Court — Eastern District of New York

802 F. Supp. 819

Kurt A. PUTHE Jr., Plaintiff, v. EXXON SHIPPING COMPANY, Defendant.

No. 89-CV-1619.

United States District Court, E.D. New York.

September 26, 1992.

Hill, Betts & Nash, New York City (James M. Hazen, Susan P. Mahon, of counsel), for plaintiff.

Kirlin, Campbell & Keating, New York City (Cary R. Wiener, Todd L. Platek, of counsel), for defendant.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

Among the issues presented in this Jones Act case, is, the interesting and elusive question of whether a seaman can recover damages for purely emotional distress.

This is an action by the plaintiff Kurt Puthe, Jr. ("Puthe" or plaintiff), brought pursuant to the Jones Act, 46 U.S.C. § 688, claiming negligence and unseaworthiness on the part of the defendant Exxon Shipping Company ("Exxon" or defendant). The plaintiff asserts that he is a seamen with rights under the Jones Act and claims that he suffered various psychological and emotional injuries while serving on several of Exxon's ships.

Presently before the Court is the motion of the defendant for summary judgment pursuant to Federal Rule of Civil Procedure 56. Exxon contends that there is no basis for recovery for emotional injuries in the instant matter. Alternatively, Exxon maintains that the action is time-barred under Federal Employers' Liability Act, 45 U.S.C. § 56 ("FELA") and the Uniform Statute of Limitations for Maritime Torts, 46 U.S.C. § 763a ("USLMT"). The law developed under the FELA applies to Jones Act claims because it is incorporated by reference into the Jones Act (see 46 U.S.C. § 688: "Any seaman who shall suffer personal injury in the course of his employment may maintain an action and in such action all statutes of the United States modifying or extending the common-law right ... in cases of personal injury to railway employees shall apply").

For the reasons set forth below, the motion of the defendant is granted in its entirety.

FACTUAL BACKGROUND

This action was commenced by complaint filed on May 29, 1989. According to the plaintiff, he was first diagnosed as having a psychiatric disorder on or about September 11, 1986. He maintains that, as a result of the diagnosis, he first learned of his injury at that time.

The defendant contends that the plaintiff's alleged psychological problems do not stem from the conduct of its employees or the unseaworthiness of its vessels. Exxon maintains that the plaintiff suffers from a personality disorder long predating his employment as a merchant seaman. Furthermore, Exxon contends that Puthe knew or had reason to know of his psychological problems as early as 1983. Therefore, Exxon contends that Puthe may not recover under the Jones Act or FELA. Alternatively, Exxon contends that Puthe's claims are time-barred under the applicable statute of limitations.

Though the factual background in this case is somewhat detailed, an examination of Puthe's personal and employment history is necessary to properly determine the defendant's motion.

The plaintiff was employed by the defendant as a merchant seaman aboard several of Exxon's ships between 1977 and 1986. While aboard several of these vessels, Puthe sustained certain physical injuries which are not the subject of this action. At issue here is Puthe's allegation that he suffered psychological injuries as a result of certain negligent acts committed by employees of Exxon. The allegedly negligent incidents range from the plaintiff being temporarily demoted to his being ordered to work under allegedly unsafe conditions. Puthe claims that these acts constitute the negligent infliction of emotional distress which caused him to experience depression. In particular, the plaintiff maintains that on or about August 22, 1986, as a member of the crew on board the Exxon Benecia, he suffered a stress reaction and has been unable to return to sea since that time.

Puthe's Employment History

Puthe joined Exxon in 1977, after having first obtained his "Z" card in 1976. He first sailed aboard the Exxon Chester and stopped sailing in 1986, with his last voyage aboard the Exxon Benecia. During his nine year career as a seamen with Exxon, Puthe made thirty-eight voyages on sixteen different vessels (Def.Ex. 2).

The plaintiff contends that he sustained numerous physical injuries as a seaman with Exxon. However, no legal action was ever brought against Exxon for such injuries. Puthe presents the following incidents in which he allegedly sustained physical injuries.

While aboard the Exxon Chester during 1977, he alleges that he was ordered to remove a scupper plug from the forward deck of the ship in bad weather, and was injured when hit by a wave. In 1978, aboard the Exxon Philadelphia, the plaintiff claims he fell on deck and injured his neck. In 1980, the plaintiff claims that he sprained his knee on board the Exxon Florence, but did not want to leave the ship so that he could be home in time for Christmas vacation. During a voyage in 1982, aboard the Exxon Chester, the plaintiff burned his hand while working in a pumping room. He suffered another burn while working aboard the Exxon Benecia in 1986. Puthe also claims the he sprained his foot on two occasions, once in 1984 and again in 1985.

As noted above, the plaintiff's alleged physical injuries are not directly implicated in this action. However, Puthe alleges that there were several other incidents that occurred on board Exxon vessels which the plaintiff contends caused or contributed to his emotional injuries.

While the plaintiff was in the hospital recovering from his fall on board the Exxon Philadelphia in 1978, he learned that a crewmember of the Exxon New Orleans was killed working on the ship. After his release from the hospital, Puthe was assigned to the New Orleans. He walked off the ship the same day he signed on, claiming that he had a "bad feeling" about working on the ship and that he was "still a little schizie about falling in the first place on the Exxon Philadelphia" (Plt's Depo. p. 22-23).

The plaintiff also claims that in 1981 he lost a great deal of weight due to certain gastro-intestinal ailments. During that period of time, he was assigned to the Exxon Philadelphia under the command of Captain Marshall Price. According to Puthe, he was frightened by Price because he would order the ship's engines "throttled-up" in heavy seas. Puthe stated that he thought Price "wanted to take us to our grave with the ship" (Plt's Depo. p. 85). Price also allegedly required the men to work on deck in very cold weather and high winds.

While aboard the Exxon Chester in 1982, Puthe had a confrontation with Second Officer Thomas Rice. Puthe refused an order to work in an overheated pump room. According to the plaintiff, Rice allegedly shoved or poked him and threatened to "kick his ass" if he failed to obey the order (Plt's Depo. p. 31). Puthe carried out the order, but burned his hand in the process. Afterward, he had a further confrontation with Rice at which time Rice repeated his threat.

In 1983, while serving under Captain Witty on the Exxon Bangor, the plaintiff learned that a ship named the Marine Electric was sinking in a winter storm approximately five nautical miles from the Bangor. Captain Witty sent a distress signal, but it was too late; the Marine Electric sank, causing the death of twenty-eight seamen. The plaintiff alleges that this incident caused him great emotional upset (Plt's Depo. p. 86-87).

Puthe also avers that on several occasions he was exposed to harmful chemicals. He alleges that he developed chloracne in 1982 due to his exposure to caustic soda which contaminated the water supply on board the Exxon Huntington. In 1986, he claims that he was exposed to harmful gasses while working in tanks on the Exxon Houston. He further alleges that he was continually exposed to asbestos, fiberglass and hydrocarbons while on Exxon ships.

Periodically, throughout his career, Puthe asserts that he was improperly "bumped," that is, temporarily demoted from his duties as an "able-bodied seaman" to those of an "ordinary seaman." He alleges this twice occurred in 1984 aboard the Exxon Newark and the Exxon North Slope. In 1985, while aboard the Exxon Lexington, Captain John Mazza bumped Puthe from oiler to utility man due to personnel restrictions. Puthe complained and threatened to walk off the ship but Mazza insisted that he accept the temporary demotion to utility man. Upon determining that Mazza was resolute, instead of leaving the ship as he threatened, Puthe returned to his room and suffered an emotional breakdown. Puthe stated in his deposition "I went to my room and cried hysterically for an hour. I first realized at that point I am not in control of my life or my emotions and that I had a problem ..." (Plt's Depo. p. 27). Puthe later noted that Mazza was the "one officer that made me realize I had a mental problem. I was unable to cope and I was in a bad position.... The stress was too great to handle at the time" (Plt's Depo. p. 84).

Puthe's Psychiatric Treatment

Puthe maintains that the foregoing incidents occurred through the defendant's negligence and unseaworthiness of its vessels. He further contends that such incidents caused him emotional distress, but that he only became aware that his emotional problems were related to his employment with Exxon in August, 1986.

It appears that sometime in the summer of 1986 Puthe began feeling extremely depressed. However, Puthe continued to sail, signing on for the Exxon Benecia on July 31, 1986 and signing off on August 27, 1986. This was the plaintiff's last voyage. Although it is unclear, Puthe alleges that some incident occurred while on board the Benecia that prompted him to seek psychiatric care.

During 1986, he sustained bouts of fatigue and depression and sometime in late August, Puthe visited Dr. Schwartz, his personal physician. Dr. Schwartz prescribed an antidepressant medication known as Tofranil. According...