NOTE: MAINTENANCE AND CURE: THE COURTS AS THY BROTHER'S KEEPER: BARNES V. ANDOVER CO. Skip over navigation
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Copyright (c) 1991 Tulane University
Tulane Maritime Law Journal

NOTE: MAINTENANCE AND CURE: THE COURTS AS THY BROTHER'S KEEPER: BARNES V. ANDOVER CO.

Fall, 1991

16 Tul. Mar. L. J. 225

Author

Richard Brett Kelly

Excerpt

Seaman George Barnes was injured while working for the Andover Company (Andover) aboard its vessel, the M/V ADONIS. Barnes sued for relief under the Jones Act 1 and general maritime law. Prior to trial, the parties settled all claims except the general maritime law right to maintenance. Barnes requested maintenance of $ 35.00 per day. Andover claimed that a collective bargaining agreement between Andover and Barnes' union limited maintenance to $ 8.00 per day. After hearing testimony as to Barnes' living expenses and deciding, upon reconsideration, to exclude union dues, the district court awarded maintenance calculated at $ 20.88 per day. 2 Andover filed a notice of appeal. However, counsel for both parties realized that the record contained insufficient information for review. Accordingly, they jointly petitioned for remand for supplementation of the record. Upon remand, the court reaffirmed. The defendant appealed; the Court of Appeals for the Third Circuit affirmed. Barnes v. Andover Co., 900 F.2d 630, 1990 AMC 1265 (3d Cir. 1990).

The seaman's right to maintenance and cure made its first appearance in pre-fourteenth century maritime codes. 3 This well-established general maritime law right provides an injured seaman the same sustenance he would have received aboard ship. 4 It includes the costs of providing a seaman food, lodging, and medical care including hospitalization, nursing, and surgical expenses. 5 The payment of a maintenance and cure award begins on the date of injury or illness and ends upon maximum recovery. 6 Under most circumstances, a ...
 
 
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