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FLORES v. CARNIVAL CRUISE LINES

No. 93-5209.

47 F.3d 1120 (1995)

Mario FLORES, Plaintiff-Appellant, v. CARNIVAL CRUISE LINES, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 21, 1995.

Attorney(s) appearing for the Case

Sharon L. Wolfe, Cooper & Wolfe, P.A., Miami, FL, for appellant.

John W. Keller, Keller, Houck & Shinkle, P.A., Keith E. Hope, Law Offices of Keith Hope, Miami, FL, for appellee.

Before KRAVITCH and CARNES, Circuit Judges, and HILL, Senior Circuit Judge.

CARNES, Circuit Judge:

This case presents a novel question: if a seaman whose income consists mainly of tips becomes ill or injured and is unable to work, can he recover those tips under the remedy for wages that is provided by admiralty law? We hold that the average tip income the seaman was earning prior to his incapacitation is to be included in the measure of wages he is due if he becomes unable to work.

I. FACTS AND PROCEDURAL HISTORY

Mario...

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