Plaintiff, John Paul Jones, Jr., brought suit in the U.S. District Court for the Eastern District of Louisiana for damages pursuant to the Jones Act and the general maritime law for injuries he allegedly sustained during the course and scope of his employment aboard the M/V K MARINE III.  Defendant moved to dismiss Plaintiff’s claims for punitive damages under the Jones Act and the general maritime law, arguing that such damages are not recoverable as a matter of law.  Relying on the Fifth Circuit’s recent decision in McBride v. Estis Well Service, LLC, the court found such damages unavailable as a matter of law.

In McBride, the Fifth Circuit held that, under the Jones Act and general maritime law, Congress limited survivors’ recover to pecuniary losses.

Jones v. Yellow Fin Marine Servs., LLC