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KOPCZYNSKI v. THE JACQUELINE

Nos. 83-6108, 83-6152.

742 F.2d 555 (1984)

Gary Alan KOPCZYNSKI, Plaintiff-Appellee/Cross-Appellant, v. THE JACQUELINE, Documentation Number 519060, Her Engine, Tackle, Appurtenances, etc., In Rem; Seaward Marine Services, Inc., a California Corporation, Seaward Marine Services, Inc., a Virginia Corporation, ABC Doe Corporation, Wendy Webber, Jim Walker and Tim Orsac, individually, In Personam, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1984.

Attorney(s) appearing for the Case

Jeffrey A. Kopczynski, Glendale, Cal., Michael J. Movius, Glendale, Cal., for plaintiff-appellee/cross-appellant.

Graydon S. Staring, Thomas R. Dean, Lillick, McHose, & Charles, San Francisco, Cal., for defendants-appellants/cross-appellees.

Before ANDERSON, TANG and FERGUSON, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Gary Kopczynski brought an admiralty action against Seaward Marine Services for injury he sustained while employed as a crew member on The Jacqueline. Claims were brought for negligence under the Jones Act, 46 U.S.C. § 688, unseaworthiness, maintenance and cure, and punitive damages. The jury found in Kopczynski's favor on all but the unseaworthiness claim. Seaward appeals claiming that punitive damages are not recoverable under...

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