Da Silva v. Pacific King, Inc.

Summary

Plaintiff and appellant August Da Silva brought suit against defendants M/V Mary Antoinette (.Mary Antoinette) and Pacific King, Inc. (Pacific King) under the Jones Act ( 46 U.S.C. § 688 ) and general maritime law. After a trial the jury found that Da Silva was injured as a result of the unseaworthiness of the Mary Antoinette. The jury awarded Da Silva $78,500 in compensatory damages and $17,000 in past and future “medical cure.” However the jury refused to award Da Silva’s wife, who is also a plaintiff and appellant, any damages for loss of consortium.

On appeal Da Silva contends the trial court erred in instructing the jury as to the applicability of a federal safety regulation and the appropriate rate of “maintenance and cure.” In addition Da Silva contends defense counsel was guilty of misconduct warranting a new trial. Finally Da Silva and his wife argue that his compensatory damages are inadequate and that the jury’s failure to award any damages for loss of consortium was erroneous.

None of the Da Silvas’ arguments has merit. We affirm.

Discussion

I

Jury Instructions

A. “Sundown Sets”

At trial the parties did not dispute the fact that on October 7,…