5th Cir.: Seaman's Family Can't Recover Nonpecuniary Damages from Silica Defendants

NEW ORLEANS - Neither a Jones Act seaman nor his surviving family members may recover nonpecuniary damages from a non-employer third party allegedly responsible for causing the seaman's silica-related death, a federal appeals court has ruled. Scarborough v. Clemco Industries, et al., No. 03-30985 (5th Cir.).

In a Nov. 18 opinion, the Fifth Circuit U.S. Court of Appeals said it would not depart from a bright-line directive governing damages available to Jones Act plaintiffs and affirmed a decision that prevented William Scarborough's heirs from recovering punitive damages against defendants Clemco Industries and Pulmosan Safety Equipment.

Scarborough sued Clemco and Pulmosan …