ELR Citation: ELR 20344
No(s). 99-2369, -2370 (1st Cir. Dec 7, 2000)

The court affirms in part and reverses in part a district court decision awarding damages to a marina that was damaged by a nearby oil spill. The court first holds that the marina's Oil Pollution Act (OPA) claim was analogous to a claim under the common law at the time of the Seventh Amendment's ratification in 1971, and that the marina was entitled to a trial by jury. Although the marina's docks move with the ebb and flow of the tides, they remain moored to a fixed location and serve no navigational function. The court next holds, however, that the district court correctly concluded that punitive damages were unavailable to the marina as a matter of law. The OPA does not provide for punitive damages, and because Congress intended the OPA to be the exclusive federal law governing oil spills, the marina cannot base its claim for punitive damages under maritime and admiralty law. The court further holds that the district court erred in concluding that the marine failed to introduce evidence sufficient to support the award for lost slip revenues. The court, therefore, reinstates the jury's $110,000 award. The court finally holds that the district court was correct, however, in vacating the jury's awards for loss in goodwill and business stress.

Counsel for Plaintiff
David J. Perkins
Perkins, Olson & Pratt
30 Milk St., Portland ME 04112
(207) 871-7159

Counsel for Defendants
William H. Welte
Welte & Welte
13 Wood St., Camden ME 04843
(207) 236-7786