United States Third Circuit

In an admiralty case involving shipowner's duty to pay maintenance to a seaman, district court's award of declaratory judgment in favor of the seaman-defendant is affirmed where: 1) commuter seamen enjoy the same right to maintenance as their deep water counterparts; 2) the long-term disability payments do not offset the amount of maintenance owed which is a duty that is independent of the shipowner's contractual obligations; 3) receipt of social security benefits did not relieve the shipowner of its maintenance obligation; 4) district court did not abuse its discretion in awarding prejudgment interest award to compensate defendant for losses stemming from plaintiff's tardy discharge of its duty; and 5) district court properly exercised its discretion in denying defendant's claim for consequential damages.

Appellate Information

• Argued 05/21/2009
• Decided 09/25/2009
• Published 09/25/2009

Judges

• Before RENDELL, STAPLETON and ALARCÓN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Mary E. Reeves, Esq. [Argued], Donna Adelsberger & Associates, Glenside, PA, for Appellant/Cross Appellee., E. Alfred Smith, Esq. [Argued], E. Alfred Smith & Associates, Wayne, PA, for Appellee/Cross Appellant.