Glynn

Opinion By Judge RYMER * ; Dissent by Judge RYMER.

These appeals require us to decide who can be an “employer” for purposes of a seaman’s suit under the Jones Act, 46 U.S.CApp. § 688, the propriety of punitive damages and attorney’s fees awarded on a claim for failure to pay maintenance and cure, and whether the issue of prejudgment interest must be submitted to the jury when a maritime claim is tried by a jury.

Christopher Glynn brought suit under general maritime law and the Jones Act for injuries allegedly suffered as a crew member on board the F/V NO PROBLEM. The vessel was owned by Roy A1 Boat Management Corporation, and mastered by Captain Daniel Shawhan. The district court 1 determined that Roy A1 was Glynn’s “employer” but left Shawhan’s “employer” status for the jury to decide. The jury returned special verdicts against both Roy Al and Shawhan on Glynn’s claims for unseaworthiness, negligence, and maintenance. It also awarded punitive damages after finding that Roy A1 and Shawhan acted arbitrarily, willfully, and with bad faith in failing to provide maintenance and cure. The district court awarded attorney’s fees on the claim for maintenance and cure, but granted…

dissenting in part:

I dissent from the majority’s opinion in Part III only because I feel constrained by our court’s prior statement in Evich v. Morris, 819 F.2d 256, 258 (9th Cir.1987), that punitive damages are available for failure to pay maintenance and cure.