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www.marinelink.com MN19a vessel owner?s request to exclude a plaintiff?s prayer for punitive dam- ages, a Federal District Court recent- ly reasoned that Section 905(b) ?merely preserved an injured worker?s right to recover damages from third parties in accordance with non-statu- tory negligence principles.? With the statutory gap, the court reasoned, ?any right to punitive damages under this statute emanates from general maritime law, unlimited by statutory constraint.? The court recognized the possibility of awarding punitive dam- ages to longshoremen injured while working in territorial waters. As a result, the court denied the vessel owner?s motion and ruled that the plaintiff can ask the jury to award punitive damages. It is important to note that the court did not award punitive dam- ages; it only ruled that the plaintiff could ask for them. Subsequent courts have upheld this ruling and denied a defendants motion toexclude the prayer for damages by holding that the plaintiff ?may be entitled to punitive damages under general maritime law? in ?limited actions in which punitive damages may be available to longshoremen injured in territorial waters.? Although there are several cases that indicate that punitive damages may be available, there are several other cases that have held that longshore- men injured on territorial waters are not entitled to request punitive dam- ages. The courts in these cases found that the plaintiff could not bring aclaim for punitive damages under 905(b). One court explained: ?the same damage principles applicable toseamen bringing general maritimelaw claims?apply equally to long- shoremen?s actions under § 905(b).? Because ?it would be anomalous to allow [the plaintiff] to recover for loss of society under general maritime lawwhen the spouse of an injured seaman would be refused such recovery,? the court dismissed the plaintiff?s claims against the vessel owner. The courts that have ruled against punitive damages place more of an emphasis on statutory construction and its remedies and tend to dismiss the provisions of the General Maritime Law. In working through this murky area of the law, the courts recognize that the issue of a potential New Orleans(504) 780-8100 ? Fax (504) 780-8200Norfolk(757) 545-0100 ? Fax (757) 545-8004Houston(281) 452-5887 ? Fax (281) 452-9682www.mcdonoughmarine.comwww.mcdonoughmarine.comLARGEST RENTAL FLEET OF SPUD, DECK AND MATERIAL BARGESBARGES 60 TO 400 LENGTHBARGES 60 TO 400 LENGTH? 16 Fleeting locations inland rivers, Gulf, East and West Coast ? Inland and Ocean towing services LARGEST RENTAL FLEET OF SPUD, DECK AND MATERIAL BARGESMN#2 (18-31):MN 2011 Layouts 2/3/2012 11:31 AM Page 19