Robinson v. Plimsoll Marine, Inc.
| Decision Date | 12 October 1978 |
| Docket Number | Civ. A. No. 77-1636. |
| Citation | 460 F. Supp. 949 |
| Parties | James B. ROBINSON, Plaintiff, v. PLIMSOLL MARINE, INC. and Allstate Insurance Company, Defendants. |
| Court | U.S. District Court — Eastern District of Louisiana |
James A. Wysocki, New Orleans, La., for plaintiff.
Don M. Richard, New Orleans, La., for defendant Plimsoll Marine, Inc.
Edward J. Brandao, New Orleans, La., for defendant Allstate Ins. Co. CASSIBRY, District Judge:
Plaintiff is employed by defendant, Plimsoll Marine, Inc., as a seaman aboard defendant's vessel, the M/V SPANISH FORT. On February 27, 1977, while the vessel was in navigable waters, plaintiff injured his lower back. This injury occurred while plaintiff was in the service of the vessel. Since that time he has received maintenance payments from defendant and its insurer at a daily rate of eight dollars ($8.00). On March 16, 1978 plaintiff was still considered to be "not fit for service" by the United States Public Health Service Hospital in New Orleans. Plaintiff asks for an increase in the daily rate of maintenance so that the amount received will cover his expenses of daily living ashore.
The right to maintenance and cure is the seaman's version of the shorebound employee's workmen's compensation. The original policies behind the right were to protect the seaman in this perilous industry and to induce men to enlist in the merchant marine. It is possible that the original policies behind maintenance and cure have diminished in importance and vitality. However, any change in the scheme is within the power of Congress rather than federal courts. It is still my function to insure that a seaman receives medical care for his illness or injury and fair and adequate payments for their maintenance during recovery.
In the present case, plaintiff has been receiving eight dollars per day because defendants say it is the "recognized rate" in this area. Eight dollars per day is a common figure in many districts. See M. Norris, The Law of Seaman § 607 n.8 (3rd ed. 1970). That figure has appeared in holdings in the Eastern District of Louisiana since at least 1965. Murphy v. Panoceanic Faith, 241 F.Supp. 540 (E.D.La.1965).
The amount of maintenance to which an injured seaman is entitled is a factual question. Various procedures have been used to determine the amount owed. Courts have measured how much would be necessary to provide meals and lodging ashore of the same character as those furnished aboard ship; how much the seaman has actually expended for meals and lodging; how much is agreed to in maritime contracts in the area, or how much meals and lodging "of a type that the...
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Gauthier v. Crosby Marine Service, Inc.
...maintenance paid to plaintiff at the rate of $8.00 per day was inadequate. For the reasons set forth in Robinson v. Plimsoll Marine, Inc., 460 F.Supp. 949 (E.D.La.1978) (Cassibry, J.), $15.00 per day is the proper rate of maintenance. All maintenance due plaintiff from the date of injury to......
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Gardiner v. Sea-Land Service, Inc.
...Tugs, Inc., 634 F.2d 869 (5th Cir.1981); Gauthier v. Crosby Marine Service, Inc., 499 F.Supp. 295 (E.D.La.1980); Robinson v. Plimsoll Marine, Inc., 460 F.Supp. 949 (E.D.La.1978). A second consideration which persuades us the bargained for rate should be enforced is that the facts in this ca......
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Tate v. American Tugs, Inc.
...Supply, Inc., 81 F.R.D. 710 (E.D. La. 1979) (denying preliminary injunction to increase maintenance payments); Robinson v. Plimsoll Marine, Inc., 460 F.Supp. 949 (E.D. La. 1978); Duplantis v. Williams-McWilliams Industries, Inc., 298 F.Supp. 13 (E.D. La. 1969); Phillips v. Boatel, Inc., 280......
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Hansen v. Rothaus
...& C. Black, Admiralty 307 (1975), some courts have recently awarded higher "standard" amounts. See, e.g., Robinson v. Plimsoll Marine, Inc., 460 F.Supp. 949 (E.D.La.1978) ($15 per day). More recently, there appears to be a trend away from any "standard" rate, and toward maintenance awards d......