GUEVARA v. MARITIME OVERSEAS CORP.

No. 92-4711.

59 F.3d 1496 (1995)

Domingo GUEVARA, Plaintiff-Appellee, v. MARITIME OVERSEAS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 26, 1995.


Attorney(s) appearing for the Case

Robert L. Klawetter, Jeffrey R. Bale, Eastham, Watson, Dale & Forney, L.L.P., Houston, TX, for appellant.

Robert B. Acomb, Jr., Edward J. Koehl, Jr., Jones, Walker, Waechter, Poitevant, Carrere & Deneare, New Orleans, LA, for Central Gulf Lines & Waterman Steamship.

Dennis Michael McElwee, Schechter & Eisenman, Houston, TX, for appellee.

Harvey J. Lewis, Lawrence S. Kullman, New Orleans, LA, for amicus curiae Louisiana Trial Lawyers Ass'n.

Gerard T. Gelpi, C. Gordon Starling, Jr., G. Beauregard Gelpi, James D. Bercaw, Gelpi, Sullivan, Carroll & Gibbens, New Orleans, LA, for amicus curiae American Institute of Merchant Shipping, et al.

Jerry C. Von Sternberg, for Maritime Overseas Corp.

Before POLITZ, Chief Judge, GOLDBERG, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART and PARKER, Circuit Judges.


KING, Circuit Judge:

We reheard this case en banc to reconsider our 1984 decision in Holmes v. J. Ray McDermott & Co., 734 F.2d 1110 (5th Cir. 1984), that an award of punitive damages under the general maritime law may be made when an employer willfully and callously refuses to pay maintenance or cure to an injured seaman. Developments in the law since 1984 have caused us to reevaluate the basis for such a punitive award...

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