Bartholomew v. Universe Tankships Inc‪.‬

On April 15, 1952 appellant Aston Bartholomew, a seaman, was assaulted by a fellow crew member aboard the Ulysses, a vessel owned by appellee. He brought suit, alleging three claims: negligence under the Jones Act, 46 U.S.C.A. § 688, unseaworthiness under the general maritime law and maintenance and cure. The first two claims were submitted to the jury and the trial judge reserved the maintenance and cure claim for decision by him later as a judge in admiralty. The jury returned a verdict for $25,000 less $400 paid to the defendant for a release which the jury concluded was not binding. Both parties agreed to have the decision on the maintenance and cure claim put off until after the determination of the appeal from the judgment entered on the jurys verdict. We affirmed the judgment in Bartholomew v. Universe Tankships, Inc., 2 Cir., 1959, 263 F.2d 437, and the Supreme Court denied certiorari, 359 U.S. 1000, 79 S. Ct. 1138, 3 L. Ed. 2d 1030. The trial judge subsequently dismissed the claim for maintenance and cure on the grounds that: (a) he believed the verdict amply compensated Bartholomew "for whatever he would ordinarily be entitled to by way of maintenance and cure"; and (b) it was to be presumed that the "items" of Bartholomews claim for maintenance and cure were included in the verdict. Bartholomew appeals from the decree of dismissal.