South Port Marine, L.L.C. v. Gulf Oil Ltd., 234 F. 3d 58 (1st Cir. 200).s

This case involves damage to a floating marina, which utilized styrofoam flotation components that disintegrated when exposed to a gasoline spill. The marina owner filed claims against Gulf Oil under the Oil Pollution Act and asserted several state common law tort actions. The marina alleged damages falling into three categories: extensive property damage, lost profits, and other economic losses including loss of goodwill and business stress. Gulf Oil argued that the marina’s jury demand was improper because the OPA claim was comparable to a claim in admiralty to which there is no right of trial by jury. The Court of Appeals disagreed, holding that the marina’s claim was more analogous to a cause of action at law rather than a cause of action in admiralty. The Court of Appeals likened the marina to an extension of land that did not possess the characteristics associated with maritime objects. Therefore, the tort which caused damage to the marina did not occur on the navigable waters and would have constituted an action at law rather than in admiralty.

The Court held that the Oil Pollution Act does not provide for the recovery of punitive damages. Title 33 of the U.S. Code, § 2702(b) sets forth a comprehensive list of recoverable damages under OPA, but punitive damages is not mentioned.