Insight

Southern District of Texas Opinion on Recoverable Maintenance and Cure for Boat Captain

Moran v. Signet Maritime Corp.

Michael T. Neuner

Michael T. Neuner

June 26, 2023 05:55 PM

In an Order issued last month by the United States District Court for the Southern District of Texas in the case, Moran v. Signet Maritime Corp., the court evaluated the amount of maintenance and cure that the plaintiff is entitled to receive following a jury’s finding of liability on the part of his employer.

MORAN V. SIGNET MARITIME CORP. – BACKGROUND

In September 2021, Charles Moran, a 30-year boat captain, reported to work and was informed his vessel’s departure was delayed. After leaving to get a haircut, he tripped and fell in the salon parking lot, breaking his ankle. Moran filed a petition three months later, seeking recovery of unearned wages and maintenance and cure from his employer, Signet Maritime Corporation (“Signet”). Signet disputed both the extent of Moran’s injuries, as well as his claim that he was acting in the service of the vessel.

THE RULING

The issues of liability and damages were bifurcated: liability was tried before a jury and damages were tried before U.S. District Court Judge Lee Rosenthal. The jury found Signet liable for maintenance and cure, determining that Moran was acting in the service of the vessel at the time of his injury. The court then held a one-day bench trial to determine damages.

First, Signet was ordered pay Moran $16,300.00 in unpaid wages for the 28-day hitch he was scheduled to begin on the day of the injury. The court then evaluated his maintenance claim, which included expenses related to food, lodging, vehicle, cell phone, and internet. Moran testified that he spent $150.00 per week on groceries for himself and his brother. He also referred to the USDA Food Chart, which provided $376.70 per month as a reasonable monthly food expense. The court ultimately determined that $75 per week was a reasonable food expense, finding that the money Moran spent on his brother’s food should be excluded from the maintenance calculation.

Next, the court evaluated Moran’s lodging expense claim. Moran lived on a boat until August 2020 when the boat was damaged by Hurricane Laura, at which time he moved in with his brother. The parties did not dispute that Moran’s lodging expenses when he lived on the boat totaled approximately $1,600.00 per month. However, Signet argued that Moran’s lodging expense claim should be reduced by 50% because he was cohabitating with his brother at the time of his accident. The court rejected this argument, holding that no authority was submitted “suggest[ing] that a move or partial move necessitated by a natural disaster should result in diminished maintenance expenses.”

In Spring 2022, Moran purchased a camper trailer, and his boat was repossessed in mid-May 2022. The court held that Signet was not obligated to pay living expenses related to the purchase of the trailer, because Moran was already living part-time at his brother’s house and had not yet lost his boat. Moran was unable to persuade the court that maintenance should cover his vehicle, cell phone, and internet expenses. On the issue of punitive damages, Judge Rosenthal held that Signet’s failure to pay maintenance and cure was not arbitrary or capricious, and thus, Signet was not liable for punitive damages.

Moran v. Signet Maritime Corp., 2023 WL 2971768; 2023 U.S. Dist. LEXIS 66461 * (Civil Case No. H-21-4214, S.D. Tex. April 17, 2023, Rosenthal, J.)

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot