Wilburn v. Maritrans GP Inc.

Michael Wilburn (plaintiff), a 38-year-old tankerman earning $44,000 a year, was swept off Maritrans's (defendant) ship deck during a storm, suffering permanent left arm and shoulder injuries and post-traumatic fear of sailing coastwise in bad weather; he continued working as a tankerman using mostly his uninjured arm but was told he could not become a barge captain earning $50,000 a year unless he could sail coastwise in all conditions. A psychologist testified that overcoming his fear would require an impractical real-ship desensitization program, though an unplanned successful storm experience might help. The jury awarded $1,000,000 for loss of future earning capacity, but the district court granted Maritrans judgment as a matter of law, finding the evidence insufficient and the award excessive.

Whether damages for loss of future earning capacity may be awarded when the award amount is shockingly excessive relative to the evidence.