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Case Name Batterton v. Dutra Group
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
.   FOR PUBLICATION .   UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT .   CHRISTOPHER BATTERTON, Plaintiff-Appellee, .   v. .   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. .   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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