Huseyin Aksoy appeals the district court’s summary judgment favoring Apollo Ship Chandlers, Inc. and Ocean Ship Services, Ltd., regarding his claim for maintenance and cure as a sick seaman. Aksoy, employed as an assistant wine steward, asserts he received approximately $300 in tips weekly, while his contract guaranteed a total monthly income of $503, including a minimum tip of $348. After falling ill, Aksoy was paid $251.50 for unearned wages, which included $174 for guaranteed minimum tips. He initiated a class action for other ill or injured seamen who did not receive expected tips as part of their sick wages.
The district court ruled that Aksoy was compensated according to his contract and denied his claim, distinguishing his case from the precedent set in *Flores v. Carnival Cruise Lines*. In *Flores*, the court ruled that a seaman could claim lost tip income as part of maintenance and cure when unearned tips were not predetermined. The district court concluded that Aksoy’s situation differed because his contract specified guaranteed tips, and thus he received all entitled amounts. The Eleventh Circuit will review the summary judgment de novo, considering facts in favor of Aksoy, and will evaluate the applicability of the *Flores* decision in this context.
The court clarified that the right to maintenance and cure is distinct from traditional contract rights, allowing for remedies beyond contractual limits. In the case of Flores, the court determined that compensation should include unearned wages based on average weekly tips, as the majority of Flores's earnings stemmed from tips rather than his contracted salary. Applying this rationale, the court found that Aksoy's unearned wages should similarly be calculated using his average weekly tips instead of the minimum contract amount, reflecting the parties’ expectations that tips would form a significant part of his income. Despite Apollo's argument that Aksoy's contract explicitly defined unearned wages, the court noted that it did not limit the amount he could receive; it only guaranteed a minimum. Consequently, the court did not need to address whether contract terms could modify the right to unearned wages. The court concluded that the district court erred in granting summary judgment to Apollo, resulting in the vacating of that judgment and a remand for further proceedings.
