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Foster v. Maritrans, Inc.

In civil action brought under Jones Act, judgment for injured merchant seaman reversed in part because evidence of presence of ice on deck was insufficient to establish tugboat was unseaworthy under maritime law.

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�1 Maritrans Operating Partners, L.P. (Maritrans) appeals from a December 11, 2000 judgment in favor of Robert and Ann Foster.

�2 The record before us reveals that Robert Foster was employed as a merchant seaman on February 29, 1996, when he slipped and fell on the icy deck of a tugboat owned and operated by Maritrans. On February 6, 1998, Foster and his wife filed a civil action against Maritrans, alleging that Maritrans was negligent under the Jones Act, 46 U.S.C. � 688 et seq., *fn1 and that the tugboat was unseaworthy under general maritime law.

�3 On May 2, 2000, a jury found that although Maritrans was not negligent, the tugboat was unseaworthy, and that such a condition caused Foster’s fall and resulting injury, for which he was entitled to one million eight hundred thousand dollars ($1,800,000.00) in damages. The parties agreed to bifurcate the issue of maintenance and cure, therefore the jury did not address that issue. Maritrans filed post-trial motions on May 11, 2000, which were denied by the trial court on September 18, 2000. The following day, judgment was entered on the verdict, but on September 26, 2000, judgment was vacated pending final decision of the court on outstanding claims. On November 28, 2000, the trial court issued a memorandum and order addressing the issue of maintenance and cure, awarding Foster $33,630.34. *fn2 Thereafter, on December 11, 2000, judgment was entered on the May 2, 2000 jury verdict and the November 28, 2000 order of the trial court.

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