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Fish v. Regal Ballyhoo Inc.

Citation: 14 F. App'x 970Docket: No. 00-35080; D.C. No. CV-98-00830-TSZ

Court: Court of Appeals for the Ninth Circuit; July 30, 2001; Federal Appellate Court

Narrative Opinion Summary

In this admiralty case, the plaintiff, a seaman, brought an action against his employer alleging claims for maintenance and cure, unseaworthiness, and negligence under the Jones Act after sustaining severe injuries leading to blindness in one eye and impaired vision in the other. The district court ruled in favor of the plaintiff, awarding damages that the defendant contested as excessive. On appeal, the court affirmed the district court’s ruling, finding the damages neither implausible nor clearly erroneous, as the award was proportionate to the injuries and unaffected by passion or prejudice. Additionally, the defendant objected to the award of prejudgment interest, a decision that the appellate court upheld citing established precedents favoring such practices in admiralty law. The appellate court's affirmation of the district court's decision underscores the adherence to traditional admiralty principles in awarding damages and interest, ultimately concluding the case in favor of the plaintiff. The memorandum clarifying the decision's unpublished status restricts its citation within the circuit as per Ninth Circuit Rule 36-3.

Legal Issues Addressed

Admiralty Law - Maintenance and Cure

Application: The court upheld the claim for maintenance and cure under admiralty law, indicating that the plaintiff was entitled to damages for injuries sustained while under employment at sea.

Reasoning: Jeffrey P. Fish initiated an admiralty action against Regal Fish Ltd. seeking damages for maintenance and cure, unseaworthiness, and negligence under the Jones Act.

Excessive Damages Review

Application: The court found the damage award was appropriate given the severity of the plaintiff's injuries, dismissing the appellant's claim that the award was excessive.

Reasoning: The court reviewed the case and found that Fish had suffered severe injuries, resulting in blindness in one eye and significantly impaired vision in the other. The award was deemed neither implausible nor clearly erroneous, as it did not shock the court's conscience and was not influenced by passion or prejudice.

Prejudgment Interest in Admiralty Cases

Application: The appellate court upheld the district court’s decision to award prejudgment interest, aligning with common practice and precedent in admiralty cases.

Reasoning: Regal also objected to the award of prejudgment interest by the admiralty court, which is a common practice. The court cited precedents affirming the awarding of such interest and concluded that the district court acted correctly.