[B]Date Decided[/B]: May 6th, 2010
[B]Decided By[/B]: Hawaii District Court (federal)
[B]Court[/B]: U.S.D.C. of Hawaii
[B]Citation[/B]: Wagner v. Kona Blue Water Farms 2010 WL 1837839, 2010 A.M.C. 1217 (D. HI 2010)
[B]Background[/B]:
Michael Wagner (Wagner) was employed by Kona Blue Water Farms, LLC (Kona) as a diver. On December 16, 2009 Wagner filed maritime personal injury claims against Kona seeking recovery for repeated, severe, and permanently disabling barotrauma to his ears resulting in severe vertigo, binaural hearing loss and tinnitus. Wagner’s complaint seeks to recover damages under the general maritime law claim for unseaworthiness, maintenance and cure, and vessel owner negligence. In addition to these claims Wagner also filed a Jones Act claim against his employer.
Additionally, Wagner seeks to recover punitive damages under the Jones Act and the general maritime law claims of unseaworthiness, maintenance and cure, and vessel owner negligence. Wagner later amended his complaint removing the punitive damages claim in regards to his maintenance and cure claim. Subsequently, the defendant filed a motion to dismiss the demand for punitive damages in relation to Wagner’s Jones Act claim. Read More…