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Article: Uncertain seas for maritime punitive damages: once assured of smooth sailing, plaintiffs find that U.S. Supreme Court cases have muddied the waters.
- Article from:
- Trial
- Article date:
- January 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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On March 23, 1989, minutes before the oil tanker Exxon Valdez was to make a critical turn away from a well-known and dangerous reef, an intoxicated Captain Joseph Hazelwood put his vessel on autopilot, gave the wheel to a fatigued third mate whose shift had ended and whose replacement had not shown up, and left the bridge.
The third mate tried to turn the giant tanker away from the danger, but was unsuccessful. The reef ripped into the hull, allowing 11 million gallons of oil to escape and pollute the environmentally pristine Prince Edward Sound. (1)
Although Exxon knew Hazelwood was an alcoholic who had fallen off the wagon, the company placed him in ...