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Case Name | Batterton v. Dutra Group | |
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Date | 01/23/2018 | |
Note | Despite a split among the federal appellate circuits, the U.S. 9th Circuit Court of Appeals is sticking to its view that a seaman can receive an award of punitive damages on an unseaworthiness claim. | |
Citation | 15-56775 | |
WCC Citation |
. Â FOR PUBLICATION . Â UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT . Â CHRISTOPHER BATTERTON, Plaintiff-Appellee, . Â v. . Â DUTRA GROUP, Defendant-Appellant. They are not proved, and we intimate no view as to whether punitive damages may ultimately turn out to be appropriate. . Â Â The plaintiff, Christopher Batterton, was a deckhand on a vessel owned and operated by the defendant, Dutra Group. While Batterton was working on the vessel in navigable waters, a hatch cover blew open and crushed his left hand. The lack of a mechanism for exhausting the pressurized air made the vessel unseaworthy and caused permanent disability and other damages to Batterton.
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