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Fitzgerald v. United States Lines

U.S.
Jun 10, 1963
374 U.S. 16 (1963)

Summary

holding "that a maintenance and cure claim joined with a Jones Act claim [that, by statute, carries the right to a jury trial] must be submitted to the jury when both arise out of one set of facts"

Summary of this case from St. Paul Fire & Marine Insurance v. Lago Canyon, Inc.

Opinion

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.

No. 463.

Argued April 18, 1963. Decided June 10, 1963.

Claiming that he had twisted and strained his back while working for respondent on its ship, a seaman sued respondent for damages based on the negligence of respondent and the unseaworthiness of the ship and for a smaller amount based on respondent's failure to provide him with medical attention, maintenance and cure and wages. He demanded a jury trial on all the claims. The trial judge granted a jury trial on the Jones Act and unseaworthiness claims; but he held the question of recovery under maintenance and cure in abeyance to try himself after jury trial of the other issues. The jury returned a verdict for respondent on the negligence and unseaworthiness claims. After hearing testimony in addition to that presented to the jury, the judge awarded the seaman a small amount for maintenance and cure. Sitting en banc. the Court of Appeals affirmed by a divided vote. Held: A maintenance and cure claim joined with a Jones Act claim must be submitted to the jury when both arise out of one set of facts. In this case, the seaman is entitled to a jury trial as of right on his maintenance and cure claim, even though the Jones Act claim was decided against him and this Court declined to review that claim on certiorari. Pp. 16-22.

306 F.2d 461, reversed.

Theodore H. Friedman argued the cause for petitioner. With him on the briefs was Jacob Rassner.

Matthew L. Danahar argued the cause for respondent. With him on the brief was Charles N. Fiddler.


Andres San Martin, a seaman, brought this action in the District Court for the Southern District of New York against the respondent United States Lines Company. His complaint alleged that he had twisted and strained his back while working for respondent on its ship. He claimed $75,000 damages based on the negligence of respondent and on the unseaworthiness of the ship and $10,000 based on respondent's failure to provide him with medical attention, maintenance and cure, and wages as required by law. Martin's negligence claim invoked a remedy created by Congress in § 33 of the Jones Act, 46 U.S.C. § 688, which explicitly provides that a seaman can have a jury trial as of right; but the actions for unseaworthiness and for maintenance and cure are traditional admiralty remedies which in the absence of a statute do not ordinarily require trial by jury. The complainant here did demand a jury, however, for all the issues growing out of the single accident. The trial judge granted a jury trial for the Jones Act and the unseaworthiness issues but held the question of recovery under maintenance and cure in abeyance to try himself after jury trial of the other two issues. The jury returned a verdict for United States Lines on the negligence and unseaworthiness issues; the court then, after hearing testimony in addition to that presented to the jury, awarded Martin $224 for maintenance and cure. Sitting en banc, the Court of Appeals for the Second Circuit affirmed, four judges stating that it would be improper to submit a maintenance and cure claim to the jury, two believing it to be permissible but not required, and three maintaining that a seaman is entitled, as of right, to a jury trial of a maintenance and cure claim joined with a Jones Act claim. 306 F.2d 461 The lower courts are at odds on this issue. We granted certiorari to decide it. 371 U.S. 932.

Martin died while his appeal was pending and a public administrator was substituted for him.

See notes 4 and 5, infra.

Because of our limited grant of certiorari, we do not consider petitioner's argument that the complaint and trial record show diversity Page 18 of citizenship jurisdiction and that therefore plaintiff was entitled to a jury trial. See Atlantic Gulf Stevedores, Inc., v. Ellerman Lines, 369 U.S. 355, 360 (1962). Nor do we find it necessary to reach petitioner's argument that we should reconsider that part of the holding of Romero v. International Terminal Operating Co., 358 U.S. 354 (1959), which concluded that claims based upon general maritime law cannot be brought in federal courts under the federal question jurisdiction of 28 U.S.C. § 1331.

For years it has been a common, although not uniform, practice of District Courts to grant jury trials to plaintiffs who join in one complaint their Jones Act, unseaworthiness, and maintenance and cure claims when all the claims, as here, grow out of a single transaction or accident. This practice of requiring issues arising out of a single accident to be tried by a single tribunal is by no means surprising. Although remedies for negligence, unseaworthiness, and maintenance and cure have different origins and may on occasion call for application of slightly different principles and procedures, they nevertheless, when based on one unitary set of circumstances, serve the same purpose of indemnifying a seaman for damages caused by injury, depend in large part upon the same evidence, and involve some identical elements of recovery. Requiring a seaman to split up his lawsuit, submitting part of it to a jury and part to a judge, unduly complicates and confuses a trial, creates difficulties in applying doctrines of res judicata and collateral estoppel, and can easily result in too much or too little recovery. The problems are particularly acute in determining the amount of damages. For example, all lost earnings and medical expenses are recoverable on a negligence count, but under the Jones Act they are subject to reduction by the jury if the seaman has been contributorily negligent. These same items are recoverable in part on the maintenance and cure count, but the damages are measured by different standards and are not subject to reduction for any contributory negligence. It is extremely difficult for a judge in trying a maintenance and cure claim to ascertain, even with the use of special interrogatories, exactly what went into the damages awarded by a jury — how loss of earning power was calculated, how much was allowed for medical expenses and pain and suffering, how much was allowed for actual lost wages, and how much, if any, each of the recoveries was reduced by contributory negligence. This raises needless problems of who has the burden of proving exactly what the jury did. And even if the judge can find out what elements of damage the jury's verdict actually represented, he must still try to solve the puzzling problem of the bearing the jury's verdict should have on recovery under the different standards of the maintenance and cure claim. In the absence of some statutory or constitutional obstacle, an end should be put to such an unfortunate, outdated, and wasteful manner of trying these cases. Fortunately, there is no such obstacle.

See, e. g., Jesonis v. Oliver J. Olson Co., 238 F.2d 307 (C.A. 9th Cir. 1956); Stendze v. The Boat Neptune, Inc., 135 F. Supp. 801 (D.C. Mass. 1955); cf. Jordine v. Walling, 185 F.2d 662 (C.A. 3d Cir. 1950).

See, e. g., Nolan v. General Seafoods Corp., 112 F.2d 515 (C.A. 1st Cir. 1940); Lykes Bros. S. S. Co. v. Grubaugh, 128 F.2d 387, modified on rehearing, 130 F.2d 25 (C.A. 5th Cir. 1942); Bay State Dredging Contracting Co. v. Porter, 153 F.2d 827 (C.A. 1st Cir. 1946); Gonzales v. United Fruit Co., 193 F.2d 479 (C.A. 2d Cir. 1951); Rosenquist v. Isthmian S. S. Co., 205 F.2d 486 (C.A. 2d Cir. 1953); Mitchell v. Trawler Racer, Inc., 265 F.2d 426 (C.A. 1st Cir. 1959), rev'd on other grounds, 362 U.S. 539 (1960); McDonald v. Cape Cod Trawling Corp., 71 F. Supp. 888, 891 (D.C. Mass. 1947); Gilmore and Black, The Law of Admiralty (1957), 262.

For an illuminating discussion of the practical problems, see Jenkins v. Roderick, 156 F. Supp. 299, 304-306 (D.C. Mass. 1957) (Wyzanski, J.).
This Court has held that recovery of maintenance and cure does not bar a subsequent action under the Jones Act, Pacific S. S. Co. v. Peterson, 278 U.S. 130 (1928), but of course, where such closely related claims are submitted to different triers of fact, questions of res judicata and collateral estoppel necessarily arise, particularly in connection with efforts to avoid duplication of damages.

Maintenance and cure allows recovery for wages only to the end of the voyage on which a seaman is injured or becomes ill. The Osceola, 189 U.S. 158, 175 (1903). Medical expenses need not be provided beyond the point at which a seaman becomes incurable. Farrell v. United States, 336 U.S. 511 (1949).

See, e. g., Bartholomew v. Universe Tankships, Inc., 279 F.2d 911, 915-916 (C.A. 2d Cir. 1960); Stendze v. The Boat Neptune, Inc., 135 F. Supp. 801 (D.C. Mass. 1955). For another example of some of the difficulties involved in separate trials, compare Claudio v. Sinclair Ref. Co., 160 F. Supp. 3 (D.C. E.D.N.Y. 1958), with Lazarowitz v. American Export Lines, 87 F. Supp. 197 (D.C. E. D. Pa. 1949).

See generally Currie, The Silver Oar and All That. A Study of the Romero Case, 27 U. of Chi. L. Rev. 1 (1959); Kurland, The Romero Case and Some Problems of Federal Jurisdiction, 73 Harv. L. Rev. 817, 850 (1960); Note, 73 Harv. L. Rev. 138 (1959).

While this Court has held that the Seventh Amendment does not require jury trials in admiralty cases, neither that Amendment nor any other provision of the Constitution forbids them. Nor does any statute of Congress or Rule of Procedure, Civil or Admiralty, forbid jury trials in maritime cases. Article III of the Constitution vested in the federal courts jurisdiction over admiralty and maritime cases, and, since that time, the Congress has largely left to this Court the responsibility for fashioning the controlling rules of admiralty law. This Court has long recognized its power and responsibility in this area and has exercised that power where necessary to do so. Where, as here, a particular mode of trial being used by many judges is so cumbersome, confusing, and time consuming that it places completely unnecessary obstacles in the paths of litigants seeking justice in our courts, we should not and do not hesitate to take action to correct the situation. Only one trier of fact should be used for the trial of what is essentially one lawsuit to settle one claim split conceptually into separate parts because of historical developments. And since Congress in the Jones Act has declared that the negligence part of the claim shall be tried by a jury, we would not be free, even if we wished, to require submission of all the claims to the judge alone. Therefore, the jury, a time-honored institution in our jurisprudence, is the only tribunal competent under the present congressional enactments to try all the claims. Accordingly, we hold that a maintenance and cure claim joined with a Jones Act claim must be submitted to the jury when both arise out of one set of facts. The seaman in this case was therefore entitled to a jury trial as of right on his maintenance and cure claim.

Waring v. Clarke, 5 How. 441, 460 (1847).

The Genesee Chief v. Fitzhugh, 12 How. 443, 459-460 (Dec. Term, 1851) (upholding constitutionality of jury trial provision in Great Lakes Act).

See, e. g., The John G. Stevens, 170 U.S. 113 (1898); Swift Co. Packers v. Compania Colombiana Del Caribe, S. A., 339 U.S. 684, 690, 691 (1950); Warren v. United States, 340 U.S. 523, 527 (1951); Wilburn Boat Co. v. Fireman's Fund Ins. Co., 348 U.S. 310, 314 (1955); Romero v. International Terminal Operating Co., 358 U.S. 354, 360-361 (1959); The Tungus v. Skovgaard, 358 U.S. 588, 597, 611 (1959) (opinion of BRENNAN, J., concurring in part and dissenting in part); Mitchell v. Trawler Racer, Inc., 362 U.S. 539 (1960).

Judgment against the seaman on the Jones Act claim was affirmed by the Court of Appeals, and we declined to review it on certiorari. The shipowner points out that on remand the maintenance and cure claim would no longer be joined with a Jones Act claim and therefore, he argues, could be tried by a judge without a jury. We cannot agree. Our holding is that it was error to deprive the seaman of the jury trial he demanded, and he is entitled to relief from this error by having the kind of trial he would have had in the absence of error.

Reversed.


I am wholly in sympathy with the result reached by the Court. It is, I believe, a result that is consistent with sound judicial administration and that will greatly simplify the conduct of suits in which a claim for maintenance and cure is joined with a Jones Act claim arising out of the same set of facts.

But the rule that the Court announces is in my view entirely procedural in character, and the manner in which such rules must be promulgated has been specified by Congress in 28 U.S.C. § 2073. This statute provides that rules of procedure in admiralty

"shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof . . . and until the expiration of ninety days after they have been thus reported."

Believing that we are governed by this provision, and that the method there prescribed for the declaration of procedural rules, which are to be applicable in all Federal District Courts, is exclusive, I am unable to subscribe to the opinion of the Court. I think the appropriate way to achieve what in this instance is obviously a desirable procedural reform is to deal with the matter through the Judicial Conference of the United States. Cf. Miner v. Atlass, 363 U.S. 641. Meanwhile, substantially for the reasons given in Judge Friendly's opinion, I consider that the judgment below must be affirmed.

The course taken by the Court is not, in my view, supported by any of the cases cited in note 12 of the Court's opinion. None of them involved a procedural rule.


Summaries of

Fitzgerald v. United States Lines

U.S.
Jun 10, 1963
374 U.S. 16 (1963)

holding "that a maintenance and cure claim joined with a Jones Act claim [that, by statute, carries the right to a jury trial] must be submitted to the jury when both arise out of one set of facts"

Summary of this case from St. Paul Fire & Marine Insurance v. Lago Canyon, Inc.

holding that "only one trier of fact should be used for the trial of what is essentially one lawsuit to settle one claim split conceptually into separate parts because of historical developments"

Summary of this case from Concordia Company, Inc. v. Panek

holding that when a plaintiff asserts claims under both the Jones Act and general admiralty law, the plaintiff's Jones Act right to a jury trial extends to his non-Jones Act admiralty claims

Summary of this case from Singerman v. PBC Mgmt.

holding that plaintiffs may seek a jury trial for maritime claims that have been joined with Jones Act claims

Summary of this case from Boakye v. NCL (Bahamas) Ltd.

holding that an admiralty claim joined with a Jones Act claim, which carries a jury trial right by statute, must be submitted to the jury when both arise from one set of facts

Summary of this case from Aponte v. Caribbean Petroleum Corp.

holding that when Jones Act claims are joined with closely related admiralty claims, the district court may try all the claims to the jury in the interests of judicial efficiency.

Summary of this case from Waddell v. Edison Chouest Offshore

holding that a Jones act claim and a general maritime law claim for maintenance and cure "must be submitted to the jury when both arise out of the same set of facts"

Summary of this case from In re Complaint of Ingram Barge Co.

holding that maintenance and cure claim joined with Jones Act claim must both be submitted to the jury

Summary of this case from Lasky v. Royal Caribbean Cruises, Ltd.

holding that maintenance and cure claim joined with Jones Act claim must both be submitted to the jury

Summary of this case from Lasky v. Royal Caribbean Cruises, Ltd.

holding that a district court must conduct a jury trial when a maintenance and cure claim is joined with a Jones Act claim

Summary of this case from Royal Caribbean Cruises, Ltd. v. Whitefield

holding that a seaman's maintenance and cure benefits cannot be reduced even if he is shown to be contributorily negligent

Summary of this case from Costa Crociere, S.p.A. v. Rose

holding — in the context of admiralty law — that when a suit would become unnecessarily complicated if part is tried by a jury and part by a judge "[o]nly one trier of fact should be used for the trial of what is essentially one lawsuit to settle one claim split conceptually into separate parts because of historical developments"

Summary of this case from Younis Bros. Co. v. Cigna Worldwide

finding that, "[w]hile this Court has held that the Seventh Amendment does not require jury trials in admiralty cases, neither that Amendment nor any other provision of the Constitution forbids them"

Summary of this case from Hutchison v. Amateur Electronics Supply

adopting this approach in federal court

Summary of this case from Endicott v. Icicle Seafoods, Inc.

recognizing the potential overlap in recoveries under the Jones Act and the maintenance and cure claim and the need to avoid duplication of damages

Summary of this case from Martin v. Harris

recognizing the power to regulate a cumbersome procedure

Summary of this case from Aetna Casualty and Surety Company v. Hunt

recognizing that the Constitution neither requires nor forbids a jury trial in admiralty cases

Summary of this case from ING GROEP, NV v. STEGALL

authorizing a jury trial when a maintenance and cure claim is joined with a Jones Act claim because, “[r]equiring a seaman to split up his lawsuit, submitting part of it to a jury and part to a judge ... can easily result in too much or too little recovery”

Summary of this case from Atlantic Sounding Co. v. Townsend

combining for jury trial a maintenance and cure claim with a Jones Act claim

Summary of this case from Pickle v. Char Lee Seafood, Inc.

In Fitzgerald, the Court held that a plaintiff's Jones Act right to a jury trial also could extend to a plaintiff's non-Jones Act admiralty claims.

Summary of this case from Craig v. Atl. Richfield Co.

In Fitzgerald, plaintiff filed a complaint on the admiralty side of the court containing two claims; one claim was cognizable solely in admiralty, the other claim was triable to a jury under the Jones Act, 46 U.S.C.App. § 688. Fitzgerald, 374 U.S. at 17, 83 S.Ct. at 1648.

Summary of this case from Wilmington Trust v. U.S. Dist. Court

In Fitzgerald v. United States Lines, supra, 374 U.S. at 17, 83 S.Ct. at 1648, a plaintiff brought one claim entitling him to a jury trial together with several other traditional admiralty claims.

Summary of this case from Koch Fuels v. Cargo, 13,000 Barrels No. 2 Oil

In Fitzgerald the Supreme Court held that "a maintenance and cure claim joined with a Jones Act claim must be submitted to the jury when both arise out of one set of facts."

Summary of this case from Lyons v. Ohio River Sand and Gravel Co.

In Fitzgerald the Supreme Court allowed a seaman to submit a maritime claim against a single defendant to the jury along with the seaman's Jones Act claim against the same defendant.

Summary of this case from Powell v. Offshore Navigation, Inc.

In Fitzgerald the Court adopted a rule that requires a Jones Act negligence claim and admiralty claims for unseaworthiness and "maintenance and cure" arising out of the same transaction to all be tried to a jury when the plaintiff so demands. Considerations of judicial economy and fairness to the litigants led the Court to its conclusion that such claims should be tried to a single factfinder, and the Congressional grant of the right to a jury trial to the Jones Act plaintiff required that that fact-finder be the jury.

Summary of this case from Simko v. C C Marine Maintenance Co.
Case details for

Fitzgerald v. United States Lines

Case Details

Full title:FITZGERALD, PUBLIC ADMINISTRATOR, v . UNITED STATES LINES CO

Court:U.S.

Date published: Jun 10, 1963

Citations

374 U.S. 16 (1963)
83 S. Ct. 1646

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