CLAUSEN v. ICICLE SEAFOODS, INC.

No. 85200-6.

272 P.3d 827 (2012)

174 Wn.2d 70

Dana CLAUSEN, Respondent, v. ICICLE SEAFOODS, INC., Appellant.

Supreme Court of Washington, En Banc.

Decided March 15, 2012.


Attorney(s) appearing for the Case

Michael Alan Barcott , Megan Elizabeth Blomquist , Holmes Weddle & Barcott, Seattle, WA, Thaddeus O'Sullivan , K & L Gates, Spokane, WA, for Appellant.

Philip Albert Talmadge , Talmadge/Fitzpatrick, Tukwila, WA, James P. Jacobsen , Beard Stacey & Jacobsen LLP, Seattle, WA, Lawrence N. Curtis , Lafayette, LA, for Respondent.

Lincoln Dennis Sieler , Friedman Rubin , Seattle, WA, David W. Robertson , The University of Texas at Austin, Austin, TX, amicus counsel for Inlandboatmen's Union of the Pacific.


C. JOHNSON, J.

¶ 1 This case involves a maritime claim for maintenance and cure and whether, under federal maritime law, a judge, instead of a jury, awards attorney fees following the jury award of compensatory and punitive damages in favor of an injured seaman against the employer for willful failure to pay maintenance and cure. This case also involves whether the jury's award for punitive damages must be limited and reduced under federal maritime law.

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