Jamison v. Encarnacion

Background

A longshoreman working for a stevedoring company was loading a barge in Brooklyn when the foreman, who had authority to direct the crew, struck and seriously injured him. A jury found the assault unprovoked and awarded $2,500. The Appellate Division reversed that judgment, the State Court of Appeals held that federal employer-liability law applied, and the matter reached the highest court for review of whether federal law covered this injury.

Reasoning

The main question was whether the word “negligence” in the Federal Employers’ Liability Act includes a foreman’s intentional assault committed while doing his job. The Court explained the statute was designed to protect large groups of employees in hazardous work, to remove old defenses, and to encourage safer workplaces, so the term should be read broadly. Because the foreman acted in the course of his duties and the employer would be liable for mere carelessness, the Court concluded the assault was a form of negligence under the law and the injured worker could recover. The decision also relied on the statute as applied to seamen under the Merchant Marine Act.

Real world impact

Longshore workers and other seamen loading vessels can rely on federal employer-liability rules to seek damages when supervisors commit violent acts while performing job duties. Employers in maritime commerce face liability for supervisors’ misconduct done in furtherance of the employer’s business and cannot avoid responsibility simply by labeling the act a personal quarrel. This ruling resolves the dispute in favor of the injured worker in this case.