Opinion · Supreme Court of the United States
FITZGERALD v. UNITED STATES LINES, 374 U.S. 16 (1963)
FITZGERALD, Pub. Adm’r, Adm’x, v. UNITED STATES LINES CO., 374 U.S. 16 (1963)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1963-06-10
- Topic
- general
FITZGERALD v. UNITED STATES LINES, 374 U.S. 16 (1963) 83 S.Ct. 1646 FITZGERALD, PUBLIC ADMINISTRATOR, v. UNITED STATES LINES CO. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. No. 463.
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FITZGERALDv. UNITED STATES LINES,374 U.S. 16(1963)
83 S.Ct. 1646
FITZGERALD, PUBLIC ADMINISTRATOR,v. UNITED STATES LINES CO.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.
No. 463.
Argued April 18, 1963.
Decided June 10, 1963.
For years it has been a common, although not uniform,4practice of District Courts to grant jury trials to plaintiffs who join in one complaint their Jones Act, unseaworthiness, and maintenance and cure claims when all the claims, as here, grow out of a single transaction or accident.5This practice of requiring issues arising out of a single accident to be tried by a single tribunal is by no means surprising. Although remedies for negligence, unseaworthiness, and maintenance and cure have different origins and may on occasion call for application of slightly different principles and procedures, they nevertheless, when based on one unitary set of circumstances, serve the same purpose of indemnifying a seaman for damages caused by injury, depend in large part upon the same evidence, and involve some identical elements of recovery. Requiring a seamanPage 19to split up his lawsuit, submitting part of it to a jury and part to a judge, unduly complicates and confuses a trial, creates difficulties in applying doctrines ofres judicataand collateral estoppel, and can easily result in too much or too little recovery.6The problems are particularly acute in determining the amount of damages. For example, all lost earnings and medical expenses are recoverable on a negligence count, but under the Jones Act they are subject to reduction by the jury if the seaman has been contributorily negligent. These same items are recoverable in part on the maintenance and cure count, but the damages are measured by different standards7and are not subject to reduction for any contributory negligence. It is extremely difficult for a judge in trying a maintenance and cure claim to ascertain, even with the use of special interrogatories, exactly what went into the damages awarded by a jury — how loss of earning power was calculated, how much was allowed for medical expenses and pain and suffering, how much was allowed for actual lost wages, and how much, if any, each of the recoveries was reduced by contributory negligence. This raises needless problems of who has the burden of provingPage 20exactly what the jury did.8And even if the judge can find out what elements of damage the jury's verdict actually represented, he must still try to solve the puzzling problem of the bearing the jury's verdict should have on recovery under the different standards of the maintenance and cure claim. In the absence of some statutory or constitutional obstacle, an end should be put to such an unfortunate, outdated, and wasteful manner of trying these cases.9Fortunately, there is no such obstacle.
While this Court has held that the Seventh Amendment does not require jury trials in admiralty cases,10neither that Amendment nor any other provision of the Constitution forbids them.11Nor does any statute of Congress or Rule of Procedure, Civil or Admiralty, forbid jury trials in maritime cases. Article III of the Constitution vested in the federal courts jurisdiction over admiralty and maritime cases, and, since that time, the Congress has largely left to this Court the responsibility for fashioning the controlling rules of admiralty law. This Court has long recognized its power and responsibility in this area and has exercised that power where necessary toPage 21do so.12Where, as here, a particular mode of trial being used by many judges is so cumbersome, confusing, and time consuming that it places completely unnecessary obstacles in the paths of litigants seeking justice in our courts, we should not and do not hesitate to take action to correct the situation. Only one trier of fact should be used for the trial of what is essentially one lawsuit to settle one claim split conceptually into separate parts because of historical developments. And since Congress in the Jones Act has declared that the negligence part of the claim shall be tried by a jury, we would not be free, even if we wished, to require submission of all the claims to the judge alone. Therefore, the jury, a time-honored institution in our jurisprudence, is the only tribunal competent under the present congressional enactments to try all the claims. Accordingly, we hold that a maintenance and cure claim joined with a Jones Act claim must be submitted to the jury when both arise out of one set of facts. The seaman in this case was therefore entitled to a jury trial as of right on his maintenance and cure claim.
Judgment against the seaman on the Jones Act claim was affirmed by the Court of Appeals, and we declined to review it on certiorari. The shipowner points out that on remand the maintenance and cure claim would no longer be joined with a Jones Act claim and therefore, he argues, could be tried by a judge without a jury. We cannot agree. Our holding is that it was error to deprivePage 22the seaman of the jury trial he demanded, and he is entitled to relief from this error by having the kind of trial he would have had in the absence of error.Reversed.
But the rule that the Court announces is in my view entirely procedural in character, and the manner in which such rules must be promulgated has been specified by Congress in28 U.S.C. § 2073. This statute provides that rules of procedure in admiralty
"shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof . . . and until the expiration of ninety days after they have been thus reported."
Believing that we are governed by this provision, and that the method there prescribed for the declaration of procedural rules, which are to be applicable in all Federal District Courts, is exclusive, I am unable to subscribe to the opinion of the Court.fn*I think the appropriate way to achieve what in this instance is obviously a desirable procedural reform is to deal with the matter through the Judicial Conference of the United States. Cf.Minerv.Atlass,363 U.S. 641. Meanwhile, substantially for the reasons given in Judge Friendly's opinion, I consider that the judgment below must be affirmed.Page 23
- Page 17 Martin died while his appeal was pending and a public administrator was substituted for him. ↩
- Page 17 See notes 4 and 5,infra. ↩
- Page 17 Because of our limited grant of certiorari, we do not consider petitioner's argument that the complaint and trial record show diversity Page 18 of citizenship jurisdiction and that therefore plaintiff was entitled to a jury trial. SeeAtlantic Gulf Stevedores, Inc., v.EllermanLines,369 U.S. 355,360(1962). Nor do we find it necessary to reach petitioner's argument that we should reconsider that part of the holding ofRomerov.International Terminal OperatingCo.,358 U.S. 354(1959), which concluded that claims based upon general maritime law cannot be brought in federal courts under the federal question jurisdiction of28 U.S.C. § 1331. ↩
- Page 18 See,e. g., Jesonisv.Oliver J. Olson Co.,238 F.2d 307(C.A. 9th Cir. 1956);Stendzev.The Boat Neptune, Inc.,135 F. Supp. 801(D.C. Mass. 1955); cf.Jordinev.Walling,185 F.2d 662(C.A. 3d Cir. 1950). ↩
- Page 18 See,e. g., Nolanv.General Seafoods Corp.,112 F.2d 515(C.A. 1st Cir. 1940);Lykes Bros. S. S. Co. v.Grubaugh,128 F.2d 387, modified on rehearing,130 F.2d 25(C.A. 5th Cir. 1942);Bay StateDredging Contracting Co. v.Porter,153 F.2d 827(C.A. 1st Cir. 1946);Gonzalesv.United Fruit Co.,193 F.2d 479(C.A. 2d Cir. 1951);Rosenquistv.Isthmian S. S. Co.,205 F.2d 486(C.A. 2d Cir. 1953);Mitchellv.Trawler Racer, Inc.,265 F.2d 426(C.A. 1st Cir. 1959), rev'd on other grounds,362 U.S. 539(1960);McDonaldv.Cape Cod Trawling Corp.,71 F. Supp. 888,891(D.C. Mass. 1947); Gilmore and Black, The Law of Admiralty (1957), 262. ↩
- Page 19 For an illuminating discussion of the practical problems, seeJenkinsv.Roderick,156 F. Supp. 299,304-306(D.C. Mass. 1957) (Wyzanski, J.).
This Court has held that recovery of maintenance and cure does not bar a subsequent action under the Jones Act,Pacific S. S. Co. v.Peterson,278 U.S. 130(1928), but of course, where such closely related claims are submitted to different triers of fact, questions ofres judicataand collateral estoppel necessarily arise, particularly in connection with efforts to avoid duplication of damages. ↩ - Page 19 Maintenance and cure allows recovery for wages only to the end of the voyage on which a seaman is injured or becomes ill.TheOsceola,189 U.S. 158,175(1903). Medical expenses need not be provided beyond the point at which a seaman becomes incurable.Farrellv.United States,336 U.S. 511(1949). ↩
- Page 20 See,e. g., Bartholomewv.Universe Tankships, Inc.,279 F.2d 911,915-916(C.A. 2d Cir. 1960);Stendzev.The Boat Neptune,Inc.,135 F. Supp. 801(D.C. Mass. 1955). For another example of some of the difficulties involved in separate trials, compareClaudiov.Sinclair Ref. Co.,160 F. Supp. 3(D.C. E.D.N.Y. 1958), withLazarowitzv.American Export Lines,87 F. Supp. 197(D.C. E. D. Pa. 1949). ↩
- Page 20 See generally Currie, The Silver Oar and All That. A Study of the Romero Case, 27 U. of Chi. L. Rev. 1 (1959); Kurland, The Romero Case and Some Problems of Federal Jurisdiction, 73 Harv. L. Rev. 817, 850 (1960); Note, 73 Harv. L. Rev. 138 (1959). ↩
- Page 20Waringv.Clarke, 5 How. 441, 460 (1847). ↩
- Page 20The Genesee Chiefv.Fitzhugh, 12 How. 443, 459-460 (Dec. Term, 1851) (upholding constitutionality of jury trial provision in Great Lakes Act). ↩
- Page 21 See,e. g., The John G. Stevens,170 U.S. 113(1898);SwiftCo. Packersv.Compania Colombiana Del Caribe, S. A.,339 U.S. 684,690,691(1950);Warrenv.United States,340 U.S. 523,527(1951);Wilburn Boat Co. v.Fireman's Fund Ins. Co.,348 U.S. 310,314(1955);Romerov.International Terminal Operating Co.,358 U.S. 354,360-361(1959);The Tungusv.Skovgaard,358 U.S. 588,597,611(1959) (opinion of BRENNAN, J., concurring in part and dissenting in part);Mitchellv.Trawler Racer, Inc.,362 U.S. 539(1960). ↩
- Page 22 The course taken by the Court is not, in my view, supported by any of the cases cited in note 12 of the Court's opinion. None of them involved aproceduralrule. ↩