Smith v. Atlas Off-Shore Boat Service

653 F.2d 1057 (1981)

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Smith v. Atlas Off-Shore Boat Service

United States Court of Appeals for the Fifth Circuit
653 F.2d 1057 (1981)

Facts

Jerry Smith (plaintiff) worked in an at-will capacity as a seaman for Atlas Off-Shore Boat Service, Inc. (Atlas) (defendant). Smith worked in two-week shifts punctuated by two-week leave periods. Toward the end of one of his shifts, Smith injured his ankle and took six weeks of leave. Smith’s physician reported Smith fit to return to work, and Smith took another two-week shift. Smith informed Atlas of his intention to file a negligence claim under the Jones Act. Atlas informed Smith that it would terminate his employment if he pursued the negligence claim. Smith declined to drop the claim, and Atlas fired him. Smith then filed the negligence claim along with an additional claim for wrongful discharge. The district court awarded compensatory damages pursuant to Smith’s negligence claim. As to Smith’s wrongful-discharge claim, the district court awarded punitive damages but no compensatory damages. Atlas appealed.

Rule of Law

Issue

Holding and Reasoning (Rubin, J.)

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