Interested in working with us? Call us on 1.877.724.7800 or fill out this quick form and we will contact you within 24 hours!




Maritime Information

What Our Clients Say

View All

Disclaimer

We designed this website to provide information to consumers, injured people, and their families. Our goal is to level the playing field between consumers and insurance companies and expose the tricks, traps, and techniques they use to cheat injured people out of their legal rights. We also let consumers know about legal news, including verdicts and settlements and other interesting legal information.

But please understand that nothing on this website is meant to provide legal information about your specific case, create an attorney-client relationship, or imply that the results of your legal case will be the same as some other case.

News

Our maritime injury lawyers know the importance of staying educated on the Jones Act and compensation laws for seamen and offshore workers.  We frequently update our website to contain the latest news on relevant topics for maritime workers. If you have been injured offshore in areas including the Atlantic and Pacific Ocean, the Gulf Coast, Galveston Bay, Port of Houston or the Houston Ship Channel, contact us today.

More About Jones Act Suit Filed Against Marquette

A Louisiana seaman has filed a Jones Act suit against Marquette Transportation Co. Gulf-Inland. The Seaman claims that he was injured on board a vessel operated by the company.

According to Timothy J. Rogers, he suffered injuries while working on board the Mary Kay, which is operated by Marquette Transportation Co. Gulf-Inland. The seaman filed the lawsuit on February 19, 2010, in Jefferson County District Court.

While working on the Mary Kay, Rogers claims that he sustained injuries to his back and body. However, Rogers has not specified how the injuries occurred.

He has also cited that the Mary Kay was unseaworthy and has blamed Marquette for negligence, resulting in his injuries.

Rogers has made claim that he has incurred medical costs and loss of wages. He has also indicated that he has suffered physical pain, mental anguish, physical impairment and physical disfigurement as a result of his injuries sustained on board the Mary Kay.

Johnson is seeking a judgment that will include more than the minimum jurisdictional limits of the courts as well as pre-judgment interest and post-judgment interest. He is also seeking attorney’s fees and other relief that the court sees fit.

The Jefferson County District Court number is: D186-080. Judge Milton Shuffield, 136th District Court, will be presiding over the case.

An accident aboard a ship can be catastrophic and lead to serious complication. We wish Mr. Rogers a speedy recovery.

Read More About More About Jones Act Suit Filed Against Marquette...

back to top

Rogue waves kill two passengers aboard Med cruise ship

Two European men were killed Wednesday when three separate waves smashed into a cruise ship in the Mediterranean Sea.

The 26 foot waves—“abnormally high” according to Louis Cruise Lines spokesman Michael Maratheftis—shattered glass windshields in the forward section of the Cyprus flagged Louis Majesty. An Italian and a German man were killed and six other suffered minor injuries.

The Greek coast guard says that the event happened near Marseilles, France on a cruise from Barcelona to Genoa.

The ship and its 1,930 passengers and crew are reportedly returning to Barcelona.

Source: Breitbart.com

Read More About Rogue waves kill two passengers aboard Med cruise ship...

back to top

Somali pirates take down Saudi tanker

14 crewmembers aboard a Saudi tanker have been taken hostage by Somali pirates.

According to the European Union Naval Force (EUNAVFOR), the 5,130 ton Al Nisr Al Saudi was outside of the area designated for patrol by warships when it was hijacked. The crewmembers’ nationalities are not known and the captain is Greek. All aboard are said to be safe.

The fuel oil carrier was empty of cargo and was reportedly taken to the pirate enclave of Garacad, Somalia.

Source: USA Today

Read More About Somali pirates take down Saudi tanker...

back to top

International seafarers unions threaten to boycott Gulf of Aden

Labor unions representing mariners from at least seven countries are calling for a boycott of the pirate laden Gulf of Aden and Horn of Africa coastal region if the situation does not improve soon.

The National Union of Seafarers of India (NUSI) is leading a coalition of unions from India, Bangladesh, Indonesia, Malaysia, Philippines, Sri Lanka, Ukraine and other nations to stop the supply of seafarers from sailing in the deadly waters. The NUSI claims that it is taking the initiative in protecting its members from piracy and after a date yet to be announced will implement the boycott.

The boycott threat was prompted by the November hijacking of the M/V Al Kahliq, which was held with its 26 person crew for more than three months. Presently Somali pirates hold 11 ships and over 200 crew members.

Why should seafarers be made sitting ducks and left to the mercy of the pirates?” asked an official with the union.

Source: Maritime Professional

Read More About International seafarers unions threaten to boycott Gulf of Aden...

back to top

Norovirus confirmed as cause of Caribbean cruise ship illness

The sick count is up to 413 passengers and crew aboard a cruise ship sailing from Charleston, South Carolina to the Caribbean. That number is an increase from the 326 persons reported stricken with the illness earlier in the week. The illness is now reported to be Norovirus and the main symptoms are nausea, diarrhea and upset stomachs.

A Celebrity Cruise spokesperson says that 48 persons are in quarantine aboard the Celebrity Mercury, which carries over 1,800 passengers and 850 crew members.

Norovirus has a track record of plaguing cruise ships. Norovirus can survive for weeks on surfaces at room temperature and is difficult to kill. Doctors say only chlorine bleach will kill it. Not even alcohol wipes will do the trick. The virus is passed through the vomit or stool of infected people and by direct contact with an infected person, eating or drinking contaminated food or liquids and by touching dirty surfaces and putting hands in the mouth.

The ship is due back in Charleston Friday.

Source: Associated Press

back to top

Cosco Busan owner hit with $10 million fine

Fleet Management Ltd, the Hong Kong based owner of the ship responsible for the worst oil spill in San Francisco Bay history, has been ordered to pay a $10 million fine.

The U.S. District Court in San Francisco has ordered that $2 million of the total will fund San Francisco Bay marine research projects.

The Cosco Busan is the 901-foot container ship that struck a support tower of the San Francisco – Oakland Bay Bridge in thick fog at 8:30 a.m. on November 7th, 2007. The ship scraped along a protective fender for 16 seconds, slicing open two fuel tanks like a can of sardines.

Nearly two years of legal wrangling went by before Fleet Management accepted responsibility for its role in the accident, pleading guilty to negligence in violating the Oil Pollution Act of 1990 (OPA 90). The management company also pled to obstruction of justice, making false statements to investigators, and falsifying documents.

The company has promised to implement a strict training voyage program for ships sailing to the U.S. Masters will be instructed on proper procedures for commanding vessels and all bridge officers will undergo shipboard management training.

53,500 gallons of heavy bunker oil spilled into the Bay, closing 50 beaches and oiling over 200 miles of shoreline. At least 2,500 birds were killed along with seals and other species of marine life.

Source: Marine Log

Read More About Cosco Busan owner hit with $10 million fine...

back to top

Louisiana Harbor Worker is Shocked by Exposed Wire

A Louisiana accident leaves a harbor worker injured after he touches an exposed wire. The incident took place in late 2007 at the Conrad Industries shipyard located in Morgan City, Louisiana.

The victim, Nicholas Boudreaux, was working for Superior Energies at the time the incident took place. He was allegedly working on a ferry in a dark and confined area when he came in contact with a live wire. An electrical current was sent through his hand and out of his neck rupturing a disc.

According to Boudreaux, the ferry was in the water at the time the accident occurred and that the defendant, Conrad Industries, was responsible for the vessel. Superior Energies had been employed by the defendant to install insulation in the ferry.

On January 22, 2010, Boudreaux filed a suit against Conrad Industries, alleging a breach of the General Maritime Law and the Longshore and Harbor Workers Compensation Act.

Conrad Industries has been accused of negligence for failing to provide a safe environment, failing to conduct proper inspections of the wiring on the vessel, for damaging existing wiring, not repairing existing wire and failing to organize the project on the ship so that the wiring could be properly repaired.

Boudreaux claims that he is still required to obtain treatment from his injury. He is seeking damages for pain, suffering, mental anguish, physical impairment, medical expenses and loss of wages.

This is an unfortunate accident and we wish Mr. Boudreaux a speedy recovery.

Read More About Louisiana Harbor Worker is Shocked by Exposed Wire...

back to top

Outbreak strikes 326 passengers on Caribbean Cruise

It is not known what caused an unidentified illness outbreak aboard a Celebrity Cruise ship afflicting at least 350 persons.

326 passengers and 27 crew members reported vomiting, upset stomachs and diarrhea aboard the vessel which departed Charleston, South Carolina on February 15 for a Caribbean cruise.

A company spokesperson said Tuesday that the victims were responding favorably to treatment and that an “enhanced cleaning” is underway to prevent the illness from spreading further.

An additional physician and two nurses were brought aboard in St. Kitts and the ship will dock back in Charleston before the weekend.

The vessel has over 1,800 passengers and 850 crew members on board.

Source: Miami Herald

back to top

Houston Tugboat Accident Leaves One Man Dead

A tugboat accident leaves one man dead after the tug sinks to the bottom of the Houston Ship Channel. The incident took place on Wednesday evening, February 17, 2010.

There were five seafarers onboard when the tug sank. According to the Coast Guard, workers from a nearby refinery site were able to rescue four of the victims. However, they were unable to locate the fifth seafarer. TNT salvage divers recovered the man's body the following afternoon. Officials have not released the man’s identity.

The 56-foot tug J.R. Nichols sank in the Houston Ship Channel near the Sims Turning Basin and shut down approximately four miles of the ship channel. The J.R. Nichols was carrying approximately 10,000 gallons of diesel fuel at the time of the sinking. Approximately 1,000 gallons of that spilled into the ship channel.

The Houston tugboat accident is still under investigation by officials. It has not been determined what caused the tugboat to sink. The Coast Guard indicated that the cause would not be able to be determined until the tugboat has been raised.

This is a tragic and unfortunate incident. Our thoughts and condolences go out to all of those that have been affected by this terrible accident.

Read More About Houston Tugboat Accident Leaves One Man Dead...

back to top

Capsized Kinder Morgan boat removed from Houston Ship Channel

The Kinder Morgan tugboat that sank last week, the J.R. Nichols, has been removed from the Houston Ship Channel.

One sailor drowned after the J.R. Nichols sank in the Houston Ship Channel.

No word yet from Kinder Morgan on the cause of the sinking.  We continue to hope that Kinder Morgan cooperates with the Coast Guard investigation and honestly answers any questions from the deceased sailor's family.

Read More About Capsized Kinder Morgan boat removed from Houston Ship Channel...

back to top

Crewmember's body from J.R. Nichols recovered

We are saddened to report that divers have recovered the body of what is believed to be a missing deckhand from the J.R. Nichols, a 54-foot tug owned by Kinder Morgan that sank in the Houston Ship Channel today.

Our thoughts and prayers go out to the missing man's family.

The other four crewmembers suffered from hypothermia but have been released from the hospital.

The Coast Guard is investigating the sinking of the J.R. Nichols.  We hope that Kinder Morgan will provide immediate answers to the deceased worker's family and cooperate fully in the Coast Guard investigation.

We are also hopeful that Kinder Morgan will not circle the wagons and begin taking steps to protect itself at the expense of its employees, and in particular, the family of the man who drowned.


Read More About Crewmember's body from J.R. Nichols recovered...

back to top

Texas Couple Hospitalized After Yacht and Tugboat Collide

A boating accident involving a 50-foot yacht and a tugboat leaves an elderly couple hospitalized after the two watercrafts collide on the Intracoastal Waterway in Louisiana. The incident took place on Monday afternoon, February 8, 2010.

According to the Louisiana Department of Wildlife and Fisheries, the incident sent a Texas man and his wife, both in their 70s, to Lafayette General Medical Center where they were treated for injuries sustained in the boating accident.

According to Capt. Jubal Marceaux, Charles Burt, 72, of Seabrook, Texas, underwent surgery for head injuries. His wife, Sandra Burt, 70, was treated for moderate injuries.

Investigators said that Charles Burt indicated that the boat was on autopilot but he was at the helm at the time of the collision. The tugboat was pushing barges at the time.

Burt was able to moor the yacht despite his injuries. The yacht appeared to have been damaged above the waterline.

“He stated he didn’t even realize what he had hit, but was able to moor the boat back to a dock off the Intracoastal Waterway,” Marceaux said.

Marceaux indicated that the captain of the tugboat was the one that reported the incident to the Coast Guard.

The boating accident is still under investigation by local authorities.

This is an unfortunate accident and our thoughts go out to all of those that have been affected by the incident.

back to top

One still missing in Houston Ship Channel tugboat accident

The Houston Chronicle is reporting today that the Coast Guard and rescue divers from the Houston Police Department are still searching for one crewmember of the J.R. Nichols, a 56-foot tugboat that sank befor 10:30 p.m. last night in a Houston Ship Channel accident.

Four workers have been recovered but one is missing.

For the sake of the family of the missing man, we hope the Coast Guard is successful in its efforts.

J.R. Nichols is owned by Kinder Morgan, one of the largest pipeline transportation and energy storage companies in North America.  KinderMorgan recently purchased MEGAFLEET, a tug and pushboat company.  We have had many calls from employees who worked for MEGAFLEET but were then fired by Kinder Morgan. 

We currently represent one such worker who was injured on a tug boat in his case against Kinder Morgan.

We hope Kinder Morgan gets to the bottom of why this accident happened in the Houston Ship Channel so this does not happen again.

Read More About One still missing in Houston Ship Channel tugboat accident...

back to top

Jones Act Suit to be Settled in Sledge Hammer Incident

A Jones Act lawsuit involving a seaman that was struck on the head while at work is expected to be settled before the case goes to trial.

According to the Southeast Texas Record, Nicky Hutson, a Mississippi seaman, filed a lawsuit against his employer after a fellow shipmate struck him on the head with a sledgehammer. Hutson claimed that his employer, Rowan Companies, negligently failed to properly supervise its employees.

The trial is expected to commence on February 8, 2010. However, the parties contacted the presiding Jefferson County Judge Milton Shuffield, 136th Judicial District, and reported that both parties have reached a tentative settlement. Details concerning the potential settlement were not made available.

According to court papers, the incident in question took place on May 23, 2007, while Hutson was working aboard the vessel Bob Palmer, located in Sabine Pass.

“Hutson experienced an accident which resulted in serious painful injuries to his head and other parts of his body while employed by Rowan and while being supervised by Rowan,” the lawsuit states. “Specifically, another employee struck Hutson on the head with a sledge hammer causing him to sustain a closed head injury.”

Hutson, who is represented by Kurt Arnold, a partner in the Arnold & Itkin law firm, issued a complaint that cited that Rowan failed to provide proper crew supervision and adequate safety equipment.

Read More About Jones Act Suit to be Settled in Sledge Hammer Incident...

back to top

Several Injured when Kentucky Steamboat Strikes a Parked Barge

Several people suffered injuries when a Kentucky steamboat crashed into a parked barge. The boat accident took place along the Ohio River and occurred at approximately 1:45 PM on Saturday afternoon, October 17, 2009.

The Belle of Louisville was pushed into a parked barge by strong winds about a quarter-mile north of Harrods Creek, north of Louisville.  Officials report that between six to eight people suffered injuries when the force of the impact knocked them to the ground.

The injuries appeared to be minor, said Vince Luney, a 911 supervisor. He did not know for sure how many people were involved in the crash.

According to the ship’s chief executive officer Linda Harris, the ship was carrying about 280 passengers, as well as about 20 crew members, when the Belle struck the parked barge. She said that many of the passengers were elderly.

The Louisville Metro Fire & Rescue, the Metro Police River Patrol, the Harrods Creek Fire Department and the Oldham County Fire Department all reportedly responded to the scene.

The steamboat was on a public cruise that had left around noon that day when the accident took place.

The crash reportedly caused the Belle to lose power and caused serious damage to the paddlewheel.

The U.S. Coast Guard is expected to assist in the investigation and help determine the cause of the accident, Belle officials said.

back to top

Bridge Closed After Barge Slams Into It

A bridge is closed by the Mississippi Department of Transportation after a barge breaks free and slams into it.  The barge accident happened early Thursday morning between 6:15 AM to 9 AM, October 22, 2009.

The loose barge crashed into the bridge supports for U.S. 80 and Interstate 20 in the Mississippi River. This span is the only bridge that extends across the river between the Mississippi cities of Natchez and Greenville.

Traffic was forced to be rerouted for approximately three hours by transportation authorities. Traffic was able to be redirected to Greenville and Natchez by authorities, according to Louisiana State Trooper Mark Dennis, when the normal flow of traffic was eventually restored later that morning.

When crews arrived at the scene they immediately inspected the damage from the bridge as well as from the water. Crews did not detect any serious damage to the bridge supports, according to Ricky Moon with the state Department of Transportation and Development.

The incident reportedly happened when three barges broke loose from a southbound tow about 6:15 AM causing at least one of the barges to slam into the Mississippi bridge.

According to U.S. Coast Guard Petty Officer Stephen Lehmann, the Coast Guard is still investigating the crash to determine what caused the barges to break loose in the first place.

back to top

Jones Act Suit Filed by Jefferson County Man

A Jones Act lawsuit has been filed by a Jefferson County man against his employer. The Texas man claims that his employer failed to provide a safe place to work resulting in career-ending injuries.

The incident reportedly took place on September 1, 2009 onboard a ship operated by defendant Hercules Offshore. Ayala was employed by defendant Global Industries Offshore at the time he suffered the severe and debilitating injuries.

Ayala filed his complaint on October 5, 2009 in Jefferson County District Court, which has been assigned to Judge Gary Sanderson, 60th District Court.

The Jones Act suit claims that the companies failed to provide a seaworthy vessel. It also claims that the defendants failed to provide proper supervision onboard the vessel at the time of the incident.

According to the plaintiff’s complaint, he has suffered pain, mental anguish and a loss of earnings due to the injury as well as incurred medical expenses.

The complaint also cites that the companies failed to pay for his maintenance and cure. The Jefferson County man is seeking exemplary and punitive damages as well as costs, legal fees and other relief to which he may be entitled.

Ayala has retained Attorney Brian Beckcom from our law firm.

Read More About Jones Act Suit Filed by Jefferson County Man...

back to top

Boat Accident Kills Three People

Three people are dead in New York after a speedboat carrying seven passengers strikes a marsh island. Four others were critically injured. The boating accident happened on Sunday evening, October 4, 2009.

The Hustler brand speed boat carrying the seven victims was navigating a narrow channel in the dark.  The 40-foot high-performance powerboat struck a marsh island east of Wantagh Parkway. According to police Det. Lt. Kevin Smith, the incident took place in a marshy area located just east of the bridge spanning over Island Creek. 

The impact caused all seven passengers, including the boat’s captain, to be thrown overboard, according to Coast Guard Petty Officer Barbara Patton.

Smith said that he could not tell how fast the speedboat was going when it hit the marsh island. “To hit the marsh and run up on top of it like that, you would have to be going at a pretty good rate of speed,” Smith later said.

According to police, the boat’s captain was in his 60s. He was found dead at the scene. Two other people, a man and a woman, were pronounced dead at local hospitals. The man had been taken to Nassau University Medical Center. The other victims had also been transported to nearby hospitals.

Police have not released the names of any of the victims.

The Coast Guard, New York Police Department and Nassau Police Department all assisted in the rescue efforts. The boat accident is still under investigation.

Read More About Boat Accident Kills Three People...

back to top

Search for Possible Bicycle Owner is Suspended by Coast Guard

The search for a bicycle owner who may have gone overboard has been suspended by the Coast Guard. The bicycle in question was found aboard the 6:45 PM sailing of the Washington State Ferry Hyak, traveling from Seattle to Bremerton, Washington. The incident took place on Friday evening, September 18, 2009.

The search began after the Hyak pulled into port at approximately 7:41 PM and the bike, which is reported to be an older model man’s blue Schwinn, was discovered abandoned aboard the ferry.

The Coast Guard Station Seattle began its search when it was notified of the abandoned bicycle at 8:22 PM. A rescue boat was dispatched to search for the possible owner of the bike who may have fallen overboard.

Other rescue agencies dispatched to assist in the search included the Coast Guard Air Station Port Angeles, Port Angeles Police and the Seattle Fire.  The crews searched the Hyak’s course in case the owner had fallen overboard.

When the multi-agency search was proven unsuccessful, the Coast Guard called off the search about 11:00 PM that same evening.

The owner of the blue Schwinn was never located.  The Coast Guard has asked that any persons with possible information to contact them immediately.

Read More About Search for Possible Bicycle Owner is Suspended by Coast Guard...

back to top

Federal Courts Rule that Sunken Vessel was Seaworthy

A federal jury in Portland, Maine, ruled that the fishing vessel that sank on July 13, 2005, was seaworthy.

Fisherman Gary Thorbjornson, 42, of Port Clyde, died when the fishing boat he was on, The Sirius, capsized. The boat accident took place approximately 60 miles off the coast of Rockland. The boat’s crew included Thorbjornson’s son, Garrett, 17, and crewman David Wilgus, 19.

The Sirius was headed home after being loaded with approximately 10,000 pounds of groundfish when it began to take on water. “Leaky vessel’s pumps just couldn’t keep up,” a family member said.

Thorbjornson was fetching survival suits from below when the boat capsized. All three men were thrown into the sea. Garrett Thorbjornson and Wilgus survived the accident by locating a life raft and sharing one survival suit. They were eventually rescued by the Irene & Alton. 

The trial, which lasted three days, resulted in a federal jury finding for the owners and ruling that the Sirius was seaworthy.

Garrett Thorbjornson and Wilgus filed a civil suit for personal injuries under the Jones Act and the general maritime law of unseaworthiness against the F/V Sirius Inc. in the Maine District of the U.S. District Court. Tammy Thorbjornson, Thorbjornson’s widow, also filed a civil suit against the owners of the ill-fated boat.

Read More About Federal Courts Rule that Sunken Vessel was Seaworthy...

back to top

Divers Recover the Bodies of Two Fishermen

The bodies of two fishermen were recovered from the Columbia River west of Boardman, Oregon. The divers recovered the bodies approximately 150 feet upstream from the site where the boat that they were fishing from was believed to have capsized.

The victims, Thane Cowash, 46, and Pete Goodlance, 22, were both from Warm Springs, according to Morrow County Sheriff Ken Matlack. Matlack also reported that both bodies had been transported to Burns Mortuary in Hermiston.

The fishing accident took place at approximately 1:30 PM on Monday afternoon, September 14, 2009.  Both bodies were recovered upstream from the accident site due to underwater currents and strong westerly winds, according to Matlack.

There were three other men onboard who made it safely to shore including Gary Katchia, 27, who said that the boat capsized when strong waves hit it. The other survivors included Thomas Charley, 28, and Bruce Jim, 62, a Warm Springs commissioner.  Rescue crews transported Jim to Kadlec Medical Center in Richland, Washington. Jim is reported to be in stable condition by a hospital official.

The five fishermen were reportedly fishing for salmon approximately two miles east of Three Mile Island. They were about 10 miles west of Boardman when the incident took place.

The boat accident is currently under investigation.

Read More About Divers Recover the Bodies of Two Fishermen...

back to top

Boaters Rescued After 8 Days on top of Capsized Boat

Three fishermen were stranded for eight days off the coast of Texas. They were rescued by Eddie Yaklin, of Kingsville, Texas, approximately 180 miles off the coast of Texas after their fishing boat accident.

The three men, James Phillips, 30, Curtis Hall, 28, and Tressel Hawkins, 43, began their fishing trip on August 21, 2009. They were finally rescued on Sunday morning, August 30, 2009.

The United States Coast Guard searched for the men for several days with assistance from Air Station Houston, Air Station Corpus, a small boat, two C-130’s and two Coast Guard Cutters.

“The Coast Guard searched approximately 86,000 square miles for these gentlemen,” said Coast Guard Petty Officer Renee Iloaiello. The Coast Guard suspended the search on the previous Friday.

Yaklin, the owner of several south Texas car dealerships, rescued the men two days later when he stumbled upon their capsized fishing boat. 

“It’s like finding a needle in a haystack,” said Iloaiello of Yaklin.

The men fought hunger, heat and the fear of sharks during their eight day ordeal. They apparently survived by rationing gasoline, bubblegum, chips and crackers. Yaklin treated the three men to a steak and potato dinner aboard his 75-yacht.

“We just hugged each other and said we’re going home,” said Phillips when the fisherman realized that they had been spotted by Yaklin.

Hawkins appeared on NBC’s “Today Show” the next day where he said that is was the power of prayer that had the men feeling safe.

Read More About Boaters Rescued After 8 Days on top of Capsized Boat...

back to top

Cruise Passenger Killed in Accident

A passenger on the Royal Caribbean’s Freedom of the Seas was killed in an accident during a ship-organized excursion in Cozumel.

Royal Caribbean issued a statement saying, “On Friday, September 4, a guest traveling onboard Freedom of the Seas joined a catamaran shore excursion where he was involved in an accident and was fatally injured.  The guest’s family and friends have remained in Cozumel, where members of our specially trained Guest Care Team met them, and have remained with them to assist.”

The media in Mexico stated that the 50-year-old man from the United States, fell from the Island Shuttle, which is a vessel owned by the ferry company, Ultramar.  His fall occurred as the boat was docking at the Cozumel pier.  He is believed to have suffered serious injuries from the boat’s engine.  He died from cardiac arrest triggered by the injuries.

The excursion has been suspended by Royal Caribbean.  This accident is not the first this summer for the cruise line.  A vehicle carrying 49 Royal Caribbean passengers was involved in a crash on St. Thomas during a ship-sponsored shore excursion, which has also been suspended.

Read More About Cruise Passenger Killed in Accident...

back to top

Court Rules That Maintenance Worker Not Entitled to Jones Act Protection

Paul Bailey was injured while working as a maintenance worker for marine contractor, R.L. Eldridge Construction.  He filed his lawsuit under the Jones Act, but the Texas Ninth District Court of Appeals ruled that he is not eligible to sue under this federal law.

Bailey’s accident occurred in September 2006, when he fell from the top deck of a push boat owned by Eldridge.  He sustained head injuries and later filed a Jones Act lawsuit against the company in Jefferson County District Court.  The Jones Act requires that the injured worker be considered a seaman, in order to pursue compensation under this law.  According to Eldridge, Bailey was not a seaman and should be excluded from filing a Jones Act lawsuit.

The case made it to the Appeals Court and justices ruled in favor of Eldridge.  Justice Charles Kreger stated that the Jones Act is designed for seamen, not "land-based workers who have only a transitory or sporadic connection to a vessel in navigation, and therefore whose employment does not regularly expose them to the perils of the sea."

Eldridge had submitted evidence showing that Bailey was not a seaman at the time of his maritime accident.  According to the opinion, “the evidence submitted by Bailey is insufficient to create a genuine issue of material fact with regard to the challenged element of his status as a ‘seaman’ under the provisions of the Jones Act.”

Read More About Court Rules That Maintenance Worker Not Entitled to Jones Act Protection...

back to top

Vessel Operator Killed in Boat Accident

Fifty-nine-year-old Jerry Campbell, a delta boat rescuer, was killed in a vessel accident while returning home.  His 26-foot salvaging boat called the “Old River,” struck a sea wall near the Carquinez Bridge in the Mare Island Strait.

The vessel collision occurred about 9:30 PM on Friday, August 14, 2009.  The boat hit a break wall on Mare Island, which caused Campbell to sustain fatal injuries.

The U.S. Coast Guard received a call within 15 minutes of the boat accident and dispatched a vessel to the accident scene.  When they got there, Campbell was found with no pulse and was badly injured.

Campbell’s wife had been on the phone with him at the time of the accident.  She said that she did not hear any signs of trouble until the impact.  She left the phone line open and heard the Coast Guard board the boat and announce that her husband had no pulse.

Campbell worked for the delta branch of Vessel Assist, which is similar to an auto club.  He had towed both a stranded-client boat and a Vessel Assist boat that had been sent out for the rescue, but lost power.

The vessel accident is still under investigation.  Petty Officer Erik Swanson said that the boating conditions were calm at the time of the collision.

back to top

Woman Dies in Vessel Accident

Thirty-seven-year-old Michelle Passante drowned in a vessel accident after her boat flipped over.  She became trapped inside the small cabin of the vessel.

There were seven people aboard the boat when an afternoon storm caused 5-foot waves.  The motor boat capsized in the Gulf.  The U.S. Coast Guard was able to bring Passante’s body back to the Pascagoula station, along with four of the survivors.  Two of the other survivors swam from the boat to a nearby oil rig and climbed on.  They were also picked up by the Coast Guard.

Some of the survivors were transported to local hospitals for treatment for their injuries, but there were no serious injuries reported following the boat accident.

A call for help was received by the Coast Guard, reporting that a 21-foot Mako had capsized 27 miles south of Petit Bois Island at approximately 3:30 PM on Wednesday, August 12, 2009.  The Coast Guard deployed a large cutter, helicopter and an airplane in the rescue attempt.

According to Jeffery Cole, senior chief petty officer in charge of the cutter, “the seas literally went from flat calm to 4 ½ or 5-footers in a matter of 45 minutes.  It was pretty bad – heavy rain and frequent lightning.  It hit us and we were only 20 miles west of the vessel.”  He said that he was informed that the motor boat was swamped by high waves.

back to top

Survivor Shares Story of the Boat Accident That Took Multiple Lives

In March 2009, a tragic boat accident claimed the life of Oakland Raider linebacker, Marquis Cooper, and three other people.  For the first time since the boating accident, the lone survivor is sharing his story.

Bernard Goldberg had an exclusive interview to be aired on HBO’s “Real Sports” with Nick Schuyler, the only man who survived the accident.  According to the mother of one of the victims, Schuyler has not talked about it with anyone.

One of the most heart wrenching portions of the interview is Schuyler’s account of losing Cooper.  He said that the boat, owned by Cooper, was 50 miles offshore when they experienced unmanageable weather conditions.  Not long after, the boat capsized, leaving the men in the cold water.

After many hours in the water, Cooper succumbed to hypothermia and delirium.  The men were wearing nothing more than life preservers, t-shirts and shorts.  According to Schuyler, Cooper became unconscious.  He tried to hold onto Cooper and to the body of Corey Smith, but eventually had to let go of Cooper.  Schuyler said that that was the hardest thing he has ever had to do and his memory will haunt him.

Cooper is survived by a wife and daughter.

Read More About Survivor Shares Story of the Boat Accident That Took Multiple Lives...

back to top

Fisherman Sustains Injuries in Boating Accident

Ronald Walker, a 50-year-old Cape May County man, injured his leg in a maritime accident on the morning of Thursday, August 6, 2009.  He was airlifted to a local trauma center following the fishing accident that almost took his leg.

At the time of the accident Walker was fishing for bait fish on a 50-foot net boat named the Constaino L.  He was approximately three miles south of Miah Maull Shoal Lighthouse when his rain gear became entrapped in a line hauler, according to Down Township Fire Rescue Chief, Cliff Higbee.  Walker’s left leg became stuck in the metal wheel used to haul in nets.

Walker, who is the captain of the Constaino L, was fishing with a companion ship, the Regent Star, at the time of the boating accident.

Shortly after the accident, a Coast Guard vessel was dispatched to the location of the Constaino L.  According to Higbee, the Coast Guard boat had been involved in a drill when it was diverted to help Walker.

Walker was later flown to the AtlantiCare Regional Medical Center in Atlantic City.  He sustained severe leg injuries, which included a compound fracture and heavy blood loss, according to Higbee.

back to top

Seaman Sues Employer for Fall Accident on Barge

A Jones Act lawsuit has been filed against Cal Dive Offshore Contractors by an injured seaman.  Timothy David Jones, a Nederland resident, claims that he sustained serious and permanent injuries from a fall accident on a barge while working for Cal Dive.

The complaint was filed by Jones on July 22 in the Beaumont Division of the Eastern District of Texas.  Jones was employed as a seaman and was doing work as an oiler and mechanic on board the barge owned by Cal Dive, when the slip and fall incident occurred.

The accident in question took place on November 7, 2008 as Jones climbed a ladder to access a diesel generator on the barge.  He slipped and fell when the vessel was tossed by choppy seas.  Jones tried to catch himself, but instead he claims he sustained serious and permanent injuries.

The plaintiff is seeking compensation for maintenance and cure, attorneys’ fees, medical expenses, loss of earnings, physical impairment, loss of consortium and damages for pain and mental anguish.

Read More About Seaman Sues Employer for Fall Accident on Barge...

back to top

U.S. Coast Guard Warns Divers to Use Caution

After the numerous diving fatalities this year, the U.S. Coast Guard has issued a warning to divers to practice caution while diving.  The warning is for both experienced and inexperienced divers.

In 2009 alone, there have been three diving accidents off the shore of New Jersey.  However, that is not the only area that has witnessed diving fatalities.

Training should be the top priority for divers, which will help reduce the likelihood of a diving accident.  One veteran diver commented that the number one thing for divers is proper training and knowing your limits when it comes to diving.

“Make sure you are certified through one of the recognized dive instruction certification programs,” said Lt. Alan Fitzgerald, the command diving officer of the Coast Guard Maritime Security Response Team in Chesapeake, Virginia.

It is recommended that divers get a medical examination from their physician before the dive, to make sure their body can handle it.  Dive equipment should always be thoroughly checked to make sure it is functioning properly.  Also, divers need to be aware of the symptoms of diver distress, including dehydration, hypothermia and heat exhaustion.

 

Read More About U.S. Coast Guard Warns Divers to Use Caution...

back to top

Justices Rule that Injured Seaman Entitled to Punitive Damages

The U.S. Supreme Court has upheld the right of an injured seaman to recover punitive damages when an employer refuses to pay for medical care and other related expenses.

The case was based on the Jones Act, along with Miles v. Apex Marine Corp, that strictly defined the damages seamen can obtain when suing an employer for maintenance and cure, which provides compensation for medical care and living expenses during a sailor’s recovery.

Justice Clarence Thomas wrote for the majority stating that punitive damages have generally been available and awarded in general maritime actions, which also includes some actions involving maintenance and cure.  He wrote that “we find that nothing in Miles or the Jones Act eliminates that availability.”

Thomas went on to write that “American courts have…permitted punitive damages awards in appropriate cases since at least 1784.”

Edgar L. Townsend was a crewmember on a motor tug, when he fell on the boat’s steel deck and injured his shoulder and arm.  The vessel owner, Atlantic Sounding, would not pay for the injured crewmember’s maintenance and cure.  As a result, Townsend sued Atlantic Sounding for negligence and its failure to pay maintenance and cure and wrongful termination under the Jones Act and general maritime law. 

Read More About Justices Rule that Injured Seaman Entitled to Punitive Damages...

back to top

Injured Seaman Files Jones Act Lawsuit After Falling on Knife

A Harris County seaman claims that he was seriously injured on July 2, 2006 while fixing a meal.  He is suing three Louisiana-based companies and a jack-up rig in Galveston County District Court.

In his Jones Act lawsuit, Michael Robinson alleges that during his meal break, he fell in the galley of the M/V Nicole Eymard.  He attributes his accident to the mobile platform in rem, Coastal Catering LLC, Offshore Marine Contractors Inc. and Offshore Marine Inc.

His original petition states that the defendants owed him a duty to furnish a safe place to work and a seaworthy vessel.  Due to the unseaworthiness of the vessel, he was injured and sustained damages, according to the petition.

Robinson apparently tripped on a 1/8 inch thick mat just as he prepared his meal.  At the time of his fall, he was holding a knife.  As a result, he injured his abdominal area.  The seaman is adamant that he did nothing to cause the accident and was conducting himself as a reasonable or prudent person would.

He is seeking damages for pain and suffering, impairment and limitation of activities, disfigurement, medical expenses, mental anguish and losses of wages and household services.

Read More About Injured Seaman Files Jones Act Lawsuit After Falling on Knife...

back to top

Fall Accident on Barge Claims the Life of a Worker

A man from Norwalk was severely injured in a barge accident and later died.  Paul Rysz had been working on a barge owned by Norwalk Marine Inc., when he fell overboard into shallow water.  The barge accident took place in Pine Creek, which is a tributary leading to Long Island Sound.

Rysz had been working on a long metal pole used to anchor the vessel.  It is believed that a crane used to lift and drop studs into a secure area injured Rysz, causing him to fall overboard into shallow water, according to Fairfield fire department.

At the time of the accident, the crew had finished working at Pine Creek and was getting ready to travel back to the Cove Marina, where it is docked.   Robert Carocari, the captain of the tug boat that pushes the barge, dove into the water and helped Rysz get to a nearby dock.  Robert Bradley, another worker, then assisted in pulling him out of the water onto the dock.

When firefighters arrived at the scene, they applied emergency medical care to Rysz.  He had sustained a traumatic injury and was taken to Bridgeport Hospital, where he died one week later.

 

Read More About Fall Accident on Barge Claims the Life of a Worker...

back to top

Jones Act Case Remanded Over Statute of Limitations Questions

A Jones Act lawsuit has been sent back to Beaumont by a U.S. appeals court because there are still questions regarding the statute of limitations and when the plaintiff should have been aware of his medical condition.

A lower court decision was reversed by the U.S. Fifth Circuit Court of Appeals in New Orleans, which had stated that all injury claims made by Herbert Pretus, Jr. against Diamond Offshore Drilling Inc. should be dismissed.  According to the appellate justices, the lower court had not fully taken into consideration when the statute of limitations should begin.

Pretus’ original case was filed in Texas state court on September 6, 2006 under the Jones Act and general maritime law against Diamond Offshore.  Pretus had worked for Diamond Offshore as a roustabout in 1978 and was later assigned to the safety department. 

From 1999 to 2000, Pretus worked on the Ocean Confidence, which was a floating hotel that was being retrofitted into an offshore drilling rig.  Pretus said that the environment on the drilling rig was wet and moldy. 

During his time on the Ocean Confidence, Pretus started experiencing respiratory problems and had “cold like” symptoms.  He said these symptoms usually went away when he returned home.  In 2004, his symptoms got worse and he took a leave of absence to pursue medical treatment.  He eventually saw an infectious disease specialist who informed Pretus that he had a fungal infection in his lungs.  The condition, if not recognized, can lead to an irreversible loss of lung function.

Read More About Jones Act Case Remanded Over Statute of Limitations Questions...

back to top

Two People Rescued Following Sinking of Boat

Two people have been rescued after their 20-foot boat began sinking in the Merrimack River.  This fishing boat accident follows one that took the life of Seth Coellner, a former Coast Guardsman.

Jorge Menese and Lourval Navarro, the two fishermen who were rescued, had reported that their boat was quickly taking on water after they dropped anchor west of the Salisbury jetties.  The two men had just began an evening of fishing.  It is believed that their lack of basic boating knowledge contributed to the accident.

According to Boat Tow US representative Michael Goodridge, the two fishermen made an inexperienced mistake, by throwing the anchor over the bow when they were running down current.  This mistake caused the anchor to grab the end of their own outboard motor, causing them to turn to the current and making a wave over the back of the boat.

The fishermen panicked and added additional weight to the stern of the boat, which was already taking on water.  Two nearby fishermen heard their cries for help and called the Coast Guard.  As a result, the men were rescued from the water not long after they had gone overboard.

This boat accident, along with the recent fatal accident involving Coellner, shows how bad weather and lack of knowledge of area tides can lead to serious problems.

Read More About Two People Rescued Following Sinking of Boat...

back to top

Appeals Court Considering Jones Act Status of Maintenance Worker

The Texas Ninth District Court of Appeals is considering whether or not a maintenance worker on a boat is technically a seaman and therefore protected under the Jones Act.

Paul Bailey fell from the top deck of a push boat owned by R.L. Eldridge Construction in Sabine Pass.  The 2006 fall accident occurred after co-workers had been roughhousing and threw a string of firecrackers at Bailey.  The 22-year-old maintenance worker sustained head injuries from his fall.

In 2007, Bailey filed a Jones Act lawsuit against Eldridge in Jefferson County District Court.  In response to the lawsuit, Eldridge submitted a motion for summary judgment, making the argument that out of the 62 days Bailey was employed, only 13 were spend aboard a ship of any kind, which would prevent him from pursuing a Jones Act claim.

The Jones Act is a federal law that allows injured seamen to pursue damages from their employers due to negligence caused by the vessel owner, captain or fellow members of the crew.  In order to recover under this law, the worker has to prove some negligence or fault and the worker must be classified as a seaman.

In 2008, the judge ordered that the plaintiff take nothing from the defendant.  Bailey appealed the ruling and is asking justices to reverse the decision made by Judge Donald Floyd of the 172nd District Court.

Read More About Appeals Court Considering Jones Act Status of Maintenance Worker...

back to top

Ship Accident Near Cape May

Another ship accident occurred twenty days after the Lady Mary sank 65 miles offshore.  The accident involved a scallop boat and a large container ship.

On April 14, an 85-foot scallop fishing boat known as the Dictator, was seriously damaged after an incident with a 965-foot container vessel.  The accident occurred 47 miles off the coast of Cape May.  Even though the vessel did not sink like the Lady Mary, three crewmembers were injured.

At the time of the vessel collision, the fishing vessel was carrying seven crewmembers and an observer onboard.  The Dictator lost its drive train when its stern was hit, which damaged the rudder wheel and shaft.  The crewmembers took immediate action and no lives were lost in the encounter.

Rick Curtis, the captain of the Dictator, said that the positive outcome of the accident was attributed to safety training of the crew.  He also said that he spotted the Florida, a 965-foot British-registered container ship, going down the side of his boat, causing water to wash over the stern.

Curtis made a mayday distress call right away.  Initially, the Florida did not respond and continued on its journey.

According to Curtis, the Florida crew said that they did not see his fishing vessel, despite the fact that there were three people in its wheelhouse.

Read More About Ship Accident Near Cape May...

back to top

Fishing Boat Accident Near Sabine Pass

A fishing boat capsized approximately 20 miles off Sabine Pass.  The Coast Guard Headquarters received a call saying, “Mayday, Mayday. Hello?  We have a boat sinking.  Come in.”  The next thing that was heard from the captain was “Abandon ship!”

The four fishermen on the 25 foot Searay were forced to abandon their boat.  They had been fishing for bait near an oil rig when 4 to 5 foot waves began breaking over the back of the fishing vessel.  The waves overwhelmed the bilge pumps and caused the ship to start sinking.

The fishermen, Mark Bruyn, Lee Wellenwaber, Rocky Chapman and his son Bobby, had to make a quick decision.  Wellenwaber and the Chapmans climbed onto the rig while Bruyn continued to make calls for help on the sinking ship.

Rocky Chapman said Bruyn was making mayday calls while the water was almost up to his waist.  The GPS system on the fishing boat helped Bruyn give an exact position.

Bruyn jumped from the sinking fishing boat into the ocean approximately 40 feet from the rig where the other men were waiting.  However, he had trouble swimming to the rig because of the sea’s current.  The fishermen threw Bruyn a rope and he was able to pull himself in.

A Coast Guard helicopter responded quickly to the fishing boat accident and was at the location of the sinking ship in just short of 30 minutes. 

back to top

Ship Accident Prompts Widow’s Lawsuit

The widow of a New Hampshire man, who was believed to have drowned in Lake Winnipesaukee after he fell overboard from a ship, has been offered a settlement for her lawsuit.

James Nelson Sylvestre, a 45-year-old man, fell overboard from the MS Mount Washington.  He was attending the ship’s Halloween party in October 2006 when the ship accident occurred.  A search was initiated, but Sylvestre’s body wasn’t discovered until a year later. 

The details of the settlement offered to Karen Sylvestre, James’ widow, were not disclosed.  Karen claimed that the owners and employees of the Winnipesaukee Flagship Company were negligent in causing the death of her husband.  The defendant hired a medical expert who stated that James’ high cholesterol and high blood pressure, along with the fact that he was overweight, meant that he could have suffered a stroke and fallen overboard.

The case was settled outside of court.

Read More About Ship Accident Prompts Widow’s Lawsuit...

back to top

Jones Act Seaman Files Lawsuit Over Crushed Hand

A Jones Act lawsuit was filed in Galveston County District Court on May 15 by Marco Jacobo, a seaman from Nicaragua.  Jacobo has filed the suit against his employers, Greece-based Harbor Shipping & Trading SA and Sunrise Shipping Agency Inc.

Jacobo alleges that his left hand was crushed by a piece of machinery on one of his employer’s vessels.  He claims that the companies neglected to make sure that a water pump he was operating aboard the M/V Chios Princess on September 30, 2006 was functioning properly.  Jacobo had been ordered to take water out of a tank using the pump.  When he used the water pump, it malfunctioned and seriously injured his left hand.

Since the accident, Jacobo has been rendered unemployed and has not been able to make payments for the medical treatment he received.  He is pursuing monetary compensation alleging that his injuries “were legally caused by the negligent acts of the defendants and the unseaworthy condition of the M/V Chios Princess.”

The original petition states that Jacobo would show that “in reasonable probability his injuries and damages will continue in the future.”

Read More About Jones Act Seaman Files Lawsuit Over Crushed Hand...

back to top

Boating Accident Kills Three Men from Houston Area

Five men died following a boating accident that occurred about 60 miles southwest of New Orleans on the Falgout Canal between Theriot and Dulac.  Three of the five men were from the Houston area.

The accident took place the evening of Wednesday, May 20, 2009 when a 24-foot aluminum boat crashed into a barge moored at the edge of the canal.  One of the men died after he was able to climb the barge that the light boat had hit, according to the Terrebonne Parish coroner’s senior investigator.

Based on preliminary results from the autopsies, all five men died of head trauma.  Blood was taken for testing and all of the bodies were released to the families.

Investigators are still unsure how fast the boat was traveling when it hit the barge, said Marianne Burke, spokeswoman for the state Department of Wildlife and Fisheries.  According to Burke, a bank stabilization crew found the wreck Thursday morning and found the body on the barge they were using as a work platform.

According to a friend, the men were planning on attending a fishing tournament and they were returning from a crawfish boil in Dulac to a fishing camp on Bayou Dularge.  They had left Dulac at approximately 10:00 PM Wednesday.

back to top

Scuba Diving Accident Kills Delaware Man

The scuba diver who was rescued after a diving accident 30 miles east of Barnegat, New Jersey, has died.  According to authorities, Gene Wite, a 42-year-old Middleton, Delaware resident, died after he was scuba diving off the Tuna Seazure dive boat.  He appeared to have encountered problems on his second dive and became unconscious at a depth of approximately 125 feet.

Witnesses said that Wite had been diving for scallops and lobsters and did not resurface according to the dive plan.

Another diver was able to follow Wite’s line down and discovered him unconscious on the seabed tied to his scooter.  Wite was brought to the surface and the Tuna Seazure crew pulled him on the boat and began performing CPR.

A rescue helicopter was sent by the U.S. Coast Guard from the Coast Guard Air Station in Atlantic City, New Jersey at approximately 2:15 PM after they received a call for help.

A rescue swimmer from the Coast Guard was dropped onto the deck of the Tuna Seazure to get Wite.  Once on the helicopter, CPR was resumed during the 32-minute flight to the Air Station in Atlantic City.  Wite was pronounced dead by the Atlantic County Medical Examiner after the helicopter landed at approximately 3:00 PM.

Read More About Scuba Diving Accident Kills Delaware Man...

back to top

Apparent Drowning Death of Lafayette Man

The owner of Champion Real Estate, Glen M. Richard, was found by divers from Natchitoches and Shreveport just 24 hours of being reported as missing.  Richard, a 45-year-old man, appears to have drowned on Toledo Bend Reservoir.

Richard had a second home on Toledo Bend’s shores south of Cypress Bend Resort.  According to Sabine Parish Deputy Coroner Ron Rivers, Richard had been fishing all evening with buddies who came with him from Lafayette on Thursday, May 7, 2009.  It appears that Richard drowned after he came back alone at mid-morning Friday to a barge that was tied approximately 100 feet off shore from his home.

Rivers speculates that Richard may have been attempting to regain control of the boat he had used to get to the barge.  He had already unloaded his fishing tackle and shiners, but his personal belongings were thrown on the platform, which made it look like he may have been emptying out his pockets before he jumped in to get his boat.

Neighbors started to think that something was wrong when they found Richard’s empty boat that had drifted.

Richard had no health problems and was considered to be an avid swimmer.  Rivers said that his body did not show any signs of trauma.

The investigation was expected to be completed by Monday, May 11, 2009.  A toxicology report was also supposed to be done.

back to top

Chief Steward Files Lawsuit Against Employer After Pirate Attack

An American freighter was overtaken by pirates off the coast of Africa in April.  The pirates tried to take over the cargo ship, but crewmembers were able to fight them off after 12 hours. 

Richard Hicks, chief steward of the U.S. flagged Maersk Alabama freighter, has filed a lawsuit in connection with the pirate attack against his employer.  According to his claim, which was filed in Harris County, the ship’s owner failed to take proper precautions against high seas attacks.  He is seeking at least $75,000 for pain and suffering and compensation for medical expenses and lost wages for his maritime injuries.

The lawsuit is against Mobile, Alabama based Waterman Steamship and Maersk Line, Limited.  Hicks’ petition states that the companies did not provide adequate protection to the crew.  He is hoping that his lawsuit will improve conditions for other seafarers traveling in pirate-infested waters off Somalia.

During the pirate attack on April 8, 2009, Richard Phillips, the ship’s captain, was taken hostage.  He was held by the pirates for five days until U.S. Navy snipers were able to free him after killing three pirates at the same time.

In Hicks’ complaint, he says that the companies relied on “the United States military (and taxpayers) to provide after-the-fact rescue operations at substantially more cost and risk to human life than what would have been incurred by defendants had they provided appropriate levels of security in the first place.”

Hicks alleges that he sustained and suffered physical pain and mental anguish as the result of the pirate attack.

back to top

Barge Worker Sues Maritime Employer Over Benzene Exposure

George McWilliams, a barge worker, is suing his former employer for alleged benzene exposure. The lawsuit has been filed against Kirby Inland Marine Inc. of Texas seeking more than $75,000 in damages.

McWilliams worked as a mechanic and expert engineer for 17 years.  He claims that Kirby Inland failed to provide him with proper working equipment while he fixed barges and hauled parts for other ships as an employee of the company.

The personal injury lawsuit was filed under the Jones Act in Galveston County District Court on April 17, 2009.

According to McWilliams, he was subjected to benzene, which disfigured and impaired him, eventually leaving him unemployed.  His lawsuit states that during his employment with Kirby Inland, he was exposed to benzene and other potentially hazardous and toxic chemicals that resulted in him suffering severe and disabling injuries.

McWilliams is also accusing Kirby Inland of improperly maintaining a safe work environment, stating that his former employer neglected to provide a respirator for when he worked with harmful chemicals.

The lawsuits claims Kirby Inland did not cover McWilliams’ medical expenses as specified under the Jones Act.   In the lawsuit it states that McWilliams had to seek reasonable and necessary medical care and attention due to the gravity of his injuries, which caused him to incur medical expenses for the treatment of his injuries.

Galveston County 10th District Court Judge David Garner is presiding over the case.

Read More About Barge Worker Sues Maritime Employer Over Benzene Exposure...

back to top

Fishing Boat Hits San Mateo Bridge

During a heavy wind storm in San Francisco, California, a fishing trawler crashed into San Mateo bridge.  According to Lauren Wonder, a Caltrans spokeswoman, the fishing boat’s transmission appeared to have failed and the skipper lost control of the vessel.

The fishing boat had left Oyster Point in South San Francisco and later crashed into the bridge just east of the high-rise and bounced approximately a mile toward Hayward.  It took out three light poles and three call boxes and dented eight additional light poles.

The fishing boat eventually came to a stop against a concrete piling approximately three miles west of the toll plaza and ran aground in the 4-foot-deep bay.  A man, woman and dog were rescued by the U.S. Coast Guard.  A third person on the fishing boat was able to escape to safety after climbing up the steel mast that had snagged on a light pole and then jumping onto the bridge shoulder, according to Caltrans.

Dozens of contractors took on the challenge of dislodging the 25-ton fishing trawler from the bridge, by using chain saws and torches.  They worked diligently to dismantle the abandoned, partially sunken vessel.

It is still unclear the amount of diesel fuel that could have leaked from the trawler.  The owner of the trawler said that its tanks contained about 4,000 gallons, but the U.S. Coast Guard said they pumped only about 1,300 gallons of diesel from the boat.

The owner of the fishing trawler will most likely be responsible for the damage to the bridge and the cost of removing his vessel.  The estimated cost is $500,000.

Read More About Fishing Boat Hits San Mateo Bridge...

back to top

Jones Act Lawsuit Claims Seaman’s Death Result of Asbestos Exposure

Pedro Perez was a Jones Act seaman employed by Great Lakes Dredge & Dock Co. in the 1960s.  He eventually died from an illness, known as mesothelioma, which is caused by asbestos exposure.  His daughter, Laura Bodin, has filed a lawsuit on behalf of Perez and his surviving family.

The lawsuit has been filed against Todd Pacific Shipyard Corp., Great Lakes Dredge & Dock Co., Georgia-Pacific Corp. and Union Carbide Corp.  According to the lawsuit, Perez was exposed to asbestos while working as a Jones Act seaman.  His family insists that he was unaware of the danger of asbestos exposure until his diagnosis.

The maritime companies are being accused of failing to provide Perez with a safe working environment and a sound vessel.  The lawsuit alleges that Perez was not warned of any potential dangers and the defendants violated the Jones Act.

“Under the act, Great Lakes owed to Perez a duty to furnish him a safe place in which to work and a seaworthy vessel.  Great Lakes failed in those respects,” the original petition states.

The plaintiff claims that the conduct of the named defendants was in disregard of Perez’s rights.  Perez’s estate is seeking damages for pain and suffering, mental anguish, medical and funeral expenses and loss of companionship as well as a jury trial.

Georgia-Pacific and Union Carbide are being accused of improperly manufacturing, marketing, transporting and installing the asbestos.

Read More About Jones Act Lawsuit Claims Seaman’s Death Result of Asbestos Exposure...

back to top

Bill Proposed to Improve Safety Standards in Cruise Line Industry

Members of the International Cruise Victims Association were scheduled to go to Washington DC in the beginning of April to seek support for legislation they say will protect passengers and increase the rights of victims and their families, of crimes that occur on cruise ships.

“People let their guard down and assume they are safe, but (a cruise ship) is like a city of several thousand people with no police force,” said Kendall Carver.  Carver helped form the International Cruise Victims Association after his 40-year-old daughter, Merrian, went missing from a Royal Caribbean Alaska cruise in August 2004.

Better standards within the cruise line industry are being sought by this association and other supporters.  The proposed bill, known as the Cruise Vessel Security and Safety Act of 2009, has been introduced by U.S. Rep. Doris Matsui, D-Sacramento, and U.S. Sen. John Kerry, D-Mass.  This bill calls for the improvement of safety standards in the cruise line industry, which includes everything from ensuring that guard rails are 54 inches in height to providing peep holes on the doors of passenger staterooms.

The bill, if passed, it will modernize the Death on the High Seas Act, which was created to make it easier for widows of seamen to recover monetary damages if a loved one is killed due to someone else’s negligence.

Carver hopes that the bill starts to move in the Senate and in the House.

Read More About Bill Proposed to Improve Safety Standards in Cruise Line Industry...

back to top

Fishermen Killed After Fishing Boat Sank Off the New Jersey Coast

Three Pamlico County residents were killed when their scallop boat sank off the southern coast of New Jersey.  A service was held on Monday, as two of the fishermen were laid to rest.

The memorial service was for two brothers, Royal Smith Jr. and Timothy Smith, who were among the seven crewmembers aboard the Lady Mary when it began taking on water early morning on Tuesday, March 24, 2009.  Their uncle, Tarzon “Bernie” Smith was also one of the crewmembers, but he is still lost at sea.

The brothers’ bodies were discovered approximately 75 miles southeast of Cape May, New Jersey.

Close to 1,000 people gathered at the service to remember the brothers at the New Bern Eastern Missionary Baptist Association Headquarters in Grantsboro.  There was a line of cars outside that stretched two miles.

All of the Smiths were raised in Mesic, which is a rural community approximately 10 miles east of Bayboro.  Both brothers graduated from Pamlico County High School in the 1980s and moved to New Jersey after school.

Models of the Lady Mary were placed on top of each of the brother’s black coffins.  A portrait of their uncle was nearby.

There are still other men lost at sea who were aboard the Lady Mary when it sank.  Those men include Tarzon Smith, William Torres, Frank Reyes and Frankie Credle.

Read More About Fishermen Killed After Fishing Boat Sank Off the New Jersey Coast...

back to top

Barge Towboat Deckhand Missing

A missing barge towboat deckhand is believed to have fallen into the Black Warrior River early Friday, March 13, 2009.  Officials are doubtful that the crewman survived, but they still continued to search for his body.

Captain Michael Patrick with the Alabama Marine Police said that when they first started the search, they were looking at the banks for a possible survivor, but that it has become more apparent that he did not survive and the efforts have turned to searching for his body in the water.

According to police and officials with Parker Towing, Thomas Willis Lindley Jr. of Tuscaloosa was found to be missing just after midnight Thursday.  Lindley, a deckhand with Parker Towing, is believed to have fallen off the vessel towing barges.

At approximately 2:00 AM on Friday, marine police began their search for Lindley along the 11-mile stretch of Mulberry Fork in Walker County, which is one of three tributaries that form the Black Warrior River.  The U.S. Coast Guard sent an auxiliary unit to help with the search that Saturday.

Company boats also assisted in the search efforts.

Lindley was described as being a strong swimmer and the hope was that he could have made it to the bank.  However, the search did not move onto land because it was too difficult to determine which side of the river he would have swam to and whether he even made it to land.

Read More About Barge Towboat Deckhand Missing...

back to top

Barge Hits Bridge in Biloxi Mississippi

A state of emergency has been declared in Biloxi, Mississippi, which authorizes the Mississippi Department of Transportation (MDOT) to take over the bridge repairs and seek Federal Highway Emergency funding to pay for the project.

One of eight barges struck a bridge in Biloxi early morning on Friday, March 20, 2009 and initially, city leaders thought only a 60 foot section collapsed.  However, over the weekend city leaders discovered that two 90 foot sections and at least eight pilings fell into the water.  One barge is still submerged and crews have been working to remove large chunks of debris.  The amount of time it will take to repair the bridge depends on the severity of damage.

"It may take a couple of days.  It just depends on how fast we can get the material unloaded off the barge and get the remainder of the bridge on top of it off, and allow some air bags to get underneath it and float that barge to the surface and remove it from the site," said MDOT Engineer Kelly Castleberry.

Divers, who have been contracted by MDOT, will conduct an in-depth underwater inspection of parts of the bridge that are still standing.  The survey will be performed on Wednesday and will help determine the extent of damage.

Mayor Holloway believes that the city made the right choice in partnering with MDOT to get the bridge repaired and the debris cleaned up.  He said that it will be done a lot faster and will be cheaper for the city.

The U.S. Coast Guard and Mississippi Department of Marine Resources are still investigating the details of the barge collision.

Read More About Barge Hits Bridge in Biloxi Mississippi...

back to top

Captain Blames Barge Company for Hazardous Conditions on Vessel

Captain Gary Newell II alleges that he slipped while climbing down a ladder aboard the barge New Hampshire and as a result, sustained injuries.

Newell claims that his injures were caused by his employer’s failure to prevent buildup of oil and grease around the area where he slipped.  He is also arguing that the barge was unseaworthy.

The Texas resident filed his personal injury lawsuit under the Jones Act and the General Maritime Law against Connecticut-based Moran Towing Corporation on February 23, 2009 in the Marshall Division of the Eastern District of Texas.  U.S. District Judge T. John Ward will be presiding over the case.

According to Newell, he reported the accident to his superiors, pursued medical treatment and has not yet returned to his regular job duties.

Newell claims that his injuries were caused by “Moran’s breach of its absolute duty to furnish a seaworthy vessel.”  His lawsuit also alleges that Moran Towing was negligent for failing to take precautions to prevent oil, grease and other debris from accumulating in and around the area where he slipped.  In addition, he alleges that Moran Towing was negligent for the following:

• Failing to provide adequate and working safety equipment;
• Failing to inspect and discover the unsafe condition of the area;
• Failing to furnish safe equipment;
• Failing to properly secure the barge and provide a safe place to work; and
• Failing to provide an adequately trained crew.

Newell is pursing damages for physical pain and suffering, mental anguish, physical impairment, lost earnings, disfigurement and medical expenses.  He has requested a trial by jury.

Read More About Captain Blames Barge Company for Hazardous Conditions on Vessel...

back to top

Widow Suing U.S. Government for Diving Accident

The widow of Martin Alvarado is suing the federal government over the death of her husband in a 2007 diving accident.  Martin Alvarado and another diver were killed during a routine inspection at the Dos Amigos pumping facility near Los Banos.  The lawsuit claims that the U.S. Bureau of Reclamation failed to comply with safe diving standards and did not adequately inspect conditions at the plant.

Forty-four-year old Alvarado was excited about his new position as a diver with the California Department of Water Resources.  Even though it was dangerous work, Alvarado was pleased that it paid $9 extra an hour in addition to his salary as a maintenance worker.

“Every time he did it, he liked it, he would come home like, ‘this is fun, babe, look, this is what I did today,’ and he liked it.  It couldn’t tell him not to do it,” said Sara Alvarado, Martin Alvarado’s widow.

One of his first assignments as a diver was to check the Dos Amigos pumping facility for tiny mussels that can clog the system.  Veteran diver, Tim Crawford was also given the same assignment. 

"They went down and they didn't come back up. We just don't know what transpired down there underneath that caused this accident to happen," says Jim Thomas, San Luis field division chief.

There have been several state investigations into the accident, but the exact cause of the incident has yet to be identified.  However, some mistakes were noted.  The plant managers broke the state’s dive policy and failed to turn off one of the pump’s that had a powerful suction.  The safety officer at the pumping plant was difficult to reach.

State investigators did conclude that "the high velocities likely pinned them to the trash rack, where they either exhausted their air supply or their regulators were pulled from their mouths."

back to top

Two NFL Players on Missing Fishing Boat

Corey Smith, a free agent, formerly of the Detroit Lions, and Marquis Cooper of the Oakland Raiders are among the four people missing at sea.  The fishing boat they were on went missing off the Gulf Coast of Florida, according to broadcast and print reports in the Tampa area.

Coast Guard officials said that the four friends departed from the Clearwater, Florida area on a 21-foot fishing boat at approximately 6:30 AM on Saturday, February 28th.  According to reports, the fishing boat is believed to be in distress.  The waters in the area where they went missing is extremely choppy and Coast Guard crews have been searching a 750-square-mile area west of Clearwater Pass for the missing vessel.

The fishing boat was reported missing by family members on Sunday at around 1:30 AM and search efforts began at 2:00 AM, according to the Tampa Tribune.  The search consisted of airplanes, helicopters and rescue boats. However, there were high winds and rough waters, which impacted the search efforts.

"We had a 47-foot vessel searching earlier today, and we had to pull it in because it was too rough," Coast Guard petty officer Sondra-Kay Kneen said.

The National Weather Service in Tampa reported that seas were approximately two to four feet Saturday morning and increased to three to five feet in the afternoon. Late Saturday evening, a small-craft advisory was issued and on Sunday seas reached eight to 12 feet. Winds were blowing up to 30 knots.

The group of men missing include, Cooper, 26, Smith, 29, and former University of South Florida football players Will Bleakley, 25, and Nick Schuyler, 24.

Read More About Two NFL Players on Missing Fishing Boat...

back to top

Helicopter Crash Prompts Lawsuit

A mother is suing two companies for her son’s death in an oil platform transport crash.

Gayle Spikes’ son, James Cody Smalts, 23, of Conroe, was killed with four other men on December 11, 2008 when the Bell 206 air taxi helicopter they were traveling in crashed in the Gulf of Mexico south of Sabine Pass.

Spikes filed the lawsuit against Rotorcraft Leasing Co., LLC and Bell Helicopter Textron, Inc. in February in Jefferson County.  Her lawsuit claims that the two companies were negligent, which led to the death of her son.

According to the lawsuit, when Smalts’ body was located, he had already been in the water for approximately 4 ½ hours and died from asphyxia due to drowning and complications from hypothermia.

The evening prior to the fatal helicopter crash, there had been snowfall in Southeast Texas, which is unusual.  The helicopter had been parked outside, uncovered during an ice and snowstorm.  According to the lawsuit, it was covered with ice and snow before it took off from Sabine Pass towards an oil platform in the Gulf of Mexico.

Rotorcraft is being accused of negligence in the maintenance and operation of the helicopter, while Bell Helicopter is being accused of negligence by designing the helicopter to be “susceptible to engine failure caused by ingestion of snow and ice.”

“If Rotorcraft had followed their own position reporting and overdue aircraft procedures, the deceased (Smalts) would have been timely rescued," the lawsuit states.

Smalts’ mother is pursuing compensation to cover expenses relating to the funeral and burial, as well as damages for the mental anguish and conscious pain and suffering her son experienced while waiting to be rescued.

The pilot of the helicopter had filed a flight plan with the company’s communication center at 7:25 AM.  The company reported the helicopter missing to the U.S. Coast Guard at 9:47 AM.

Read More About Helicopter Crash Prompts Lawsuit...

back to top

Vessel Collisions in February

In February, there were two reported vessel collisions in the Mississippi Sound and Tampa Bay.  Neither accident resulted in injuries, but there was damage sustained to the vessels.

One vessel collision took place in the Mississippi Sound, about 2 ½ nautical miles southwest of Bayou Caddy.  The accident involved a towing vessel, called the Velma C., and a sail boat, known as Sound Advice.  The tow boat was pushing three empty barges when the collision occurred.  According to CoastGuardNews.com, “the four people aboard the Sound Advice and four people aboard the Velma C. were reportedly not injured.  The crew of the Sound Advice reported damage to the port deck and porthole above the waterline and the crew of the Velma C reported no damage.”

Another vessel collision resulted in the closure of Tampa Bay to boating traffic on the morning of Friday, February 13, 2009.  The accident occurred Thursday night between a fishing trawler and a barge.  According to authorities, the collision caused a spill of approximately 1,000 gallons of diesel fuel into the water.

Coast Guard Petty Officer Sondra Kay said that all boating traffic was stopped Friday morning.  She said that all vessels in port were ordered to stay where they were and that freighters, tankers and barges were in a holding pattern west of Sunshine Skyway bridge.

The 80-foot-long fishing vessel, known as Maranatha, from Irvington, Alabama, and the Coastal, a 95-foot-barge, collided approximately two miles northwest of Manbirthee Key near the Skyway.  The Skyway spans the mouth of Tampa Bay.  The vessel collision caused a 4-by-8 inch gash in the Maranatha’s fuel tank, according to officials.

The Coast Guard believes that anywhere from 800 to 1,600 gallons of diesel were spilled into the water.  The tank can hold approximately 4,000 gallons.  The fog and darkness made it difficult for officials to make exact estimates of the amount of fuel that was spilled.

back to top

Diver Injured While Cleaning Fishing Boat

A Gloucester diver was seriously injured while cleaning the propeller of a fishing boat at Gloucester’s Harbor Loop early February.  He was consequently hospitalized in intensive care at Boston’s Brigham and Women’s Hospital.

Diver Ted Barnes, 48, the owner of Gloucester-based Freedom Diving Corp., was working underneath Geordie King’s gillnetter Ocean Pride III at a Harbor Loop pier when the incident occurred shortly after 3:00 PM.  King was unaware that Barnes had been cleaning under the boat and started the engine without putting the vessel in gear.  According to King, the propeller turns slowly when the engine is started and he believes that is what caused Barnes’ injuries.

Barnes had been hired to clean the boat and had last spoken to King four hours before the accident.  "Normally, you want make sure there's nobody down there, but we didn't see him, and he didn't let us know," King said.

Glen Durgin, who was working on the Maine-based Ocean Pride III at the time of the accident, saw Barnes unconscious in the water after the boat was running.  Durgin pulled Barnes above water while King called for help.  According to King, Barnes was still wearing his diving gear.

King said that Barnes regained consciousness and started to yell and scream before a U.S. Coast Guard crew arrived to ferry the injured diver to the Coast Guard station.  Barnes was treated at the scene for apparent head injuries and was airlifted to Brigham and Women’s Hospital by helicopter.

National Oceanic and Atmospheric Administration dive program manager Dave Dinsmore said that according to OSHA regulations, commercial divers are required to have both a stand-by diver, ready to jump in if there's an emergency, as well as a designated person in charge topside. Dinsmore also said that the diver is required to be tethered to the boat if he or she is in the water alone.

Read More About Diver Injured While Cleaning Fishing Boat...

back to top

Man Gives Account of Lake Erie Incident

Michael Sanger was among the 134 fishermen rescued from Lake Erie on Saturday, February 7, 2009.  He was stranded on the huge chunk of ice on Lake Erie in Ohio.

Rescuers have been blaming the fishermen for being out on dangerous ice, but Sanger, who is a veteran fisherman of 45 years, tells a different story.  According to Sanger, there was nothing the fishermen could have done but wait for a rescue or try to find a path to land after they were stranded by a crack in the ice that stretched several miles long.

“It wasn’t a panic situation, like a plane crash or anything.  Guys were standing around deciding, should we take a chance and try to get out of here and go to the east, or should we just wait it out?” said Sanger.

One man died of an apparent heart attack after he fell into the water.  The man had been looking for a safe place to cross from the lake to the shore when his snowmobile broke through the ice.  A relative performed CPR until a helicopter arrived, but the man was later pronounced dead at the hospital.

Rescuers said the fishermen were at fault because they had built a wood bridge to get farther on the ice and the conditions were dangerous.  Sanger believes that a Coast Guard ship clearing the ice the day before may have contributed to the ice breaking.  He is mad that no one warned fishermen of the dangerous conditions.

"It wasn't a situation where we were crossing open water and risking our lives to get out there, knowing that we were taking a huge chance. I think the guys that went out there were very experienced fisherman who did not think it was dangerous conditions," Sanger said.

back to top

Cruise Boat Collides with Fireboat

A cruise boat struck Washington DC’s main fireboat on Saturday, January 31, 2009, while the fireboat was docked.  The cruise boat left a 15-foot-hole in the fireboat and fire officials believe it will disable the vessel for the foreseeable future.

According to authorities, no one was injured in the collision and there were no passengers aboard the 600-person cruise boat, known as the Spirit of Washington.  The accident occurred at approximately 2:00 PM along Pier 4 at Sixth and Water streets SW.

The four person crew aboard the Spirit of Washington was attempting to perform a routine maneuver to reposition the ship alongside the pier, said Sal Naso, vice president and general manager of Spirit Cruises.

“They were just turning it around.  It’s done a thousand times a year…We’re obviously going to take care of the fire department,” said Naso.

Naso said that the damage to the cruise boat was minimal and that the company was using another boat, the Spirit of Mount Vernon, for its scheduled dinner cruise.

However, damage to the 70-foot fireboat known as the John Glenn was considerable, according to Alan Etter, spokesman for the D.C. Fire and Emergency Medical Services Department.  The gash is on the starboard side of the vessel, above the water line, and will need to be repaired before the fireboat can be used again.  Etter also described the fireboat as “a very necessary part of the department” and that it was a big deal to lose it.

Etter said that the John Glenn is the city’s only fireboat that has the capability to break ice.  The vessel was an important instrument in battling a fire three years ago on the water, which involved three yachts.  The John Glenn has been with the District since 1978 and was returned to the fire department five years ago after it underwent a two year refurbishing process.

Read More About Cruise Boat Collides with Fireboat...

back to top

Seaman Files Lawsuit Against Weeks Marine

A Galveston seaman believes his employer is to blame for a fall he suffered on the job four months ago, according to court documents.

The personal injury lawsuit has been filed against Weeks Marine Inc. by Isidro Perales Madrigal.  The lawsuit alleges that Weeks Marine neglected to assure the plaintiff’s safety as he worked on a company-owned vessel on September 14, 2008.  Madrigal’s lawsuit was filed in Galveston County District Court on December 9, 2008.

According to the lawsuit filed, Madrigal was climbing down a ladder between the unnamed ship’s booster and turntable barges when he reportedly fell.

“The plaintiff was injured when the ladder he was climbing down slipped, causing the plaintiff to fall into the water with the ladder," the complaint says. "This incident was caused by the negligence of the defendant and those for whom it is liable."

Weeks Marine is also being accused of failing to keep the vessel in proper working order, which is a violation of the Jones Act, a federal law that protects injured seamen.

The lawsuit states that “the defendant's vessel was unseaworthy because it was not reasonably fit for its intended purpose and such unseaworthiness was a proximate cause of the plaintiff's damages.”

Madrigal claims that he sustained serious and disabling injuries to his right knee and back as a result of the fall on his employer’s vessel.  He states that he experienced losses of earnings and household services as well as immense physical pain and mental anguish.  According to his lawsuit, he “suffered loss of enjoyment of life as a result of the injuries incurred.”  In addition, Madrigal is seeking damages to cover medical and hospital expenses.

The lawsuit says that Weeks Marine is also liable for payment of maintenance and cure until Madrigal reaches maximum medical improvement.

Galveston County 212nd District Court Judge Susan Criss is presiding over the case.

Read More About Seaman Files Lawsuit Against Weeks Marine...

back to top

Maritime Law Could Apply to US Airways Flight 1549

Many believe that there will be numerous legal questions that will arise if lawsuits are filed in connection with the crash of US Airways Flight 1549.  One of the most unique questions is whether cases will be brought under federal maritime law.

Maritime law could apply for cases stemming from the US Airways crash because the airplane landed in the Hudson River.  The belief is that once the airplane stops flying and begins to float, it becomes a vessel and in this situation, a lifesaving vessel.  This thought process could put the cases under maritime jurisdiction, which often provides more generous settlements to the victims.

In November 2001, a plane crash on land resulted in a maritime claim. The crash occurred in Belle Harbor and involved American Airlines Flight 587, which claimed the lives of 265 people.  According to the federal judge, the case satisfied two key tests for maritime jurisdiction – the airplane was taking part in a traditional maritime activity by carrying passengers over the ocean and the stabilizer fell into Jamaica Bay, which could have affected maritime commerce.

The pilot of Flight 1549 reported to flight controllers that the airplane had struck birds and that he had lost thrust in both of the jet’s engines, according to National Transportation Safety Board officials.

Port Authority of New York and New Jersey officials, who operate LaGuardia, Kennedy and Newark airports, said that they take measures to cut the risk of birds hitting and disabling aircraft.  Some experts have said that nothing could have been done to prevent a bird strike at 3,200 feet, which is well away from the airport.

Even though all 150 passengers and five crewmembers survived the crash in the Hudson River, numerous passengers suffered injuries, both physical and psychological.  Some were believed to have experienced “pre-impact terror” in the moments leading up to the crash landing.

back to top

Tug’s Cable Investigated as Link to Sinking of Fishing Boat

The cable connecting a tugboat and a barge is being investigated by the Coast Guard for its role in the sinking of a Gloucester, Massachusetts fishing boat.

The Patriot sank in the early morning hours of Saturday, January 3, 2009, said Petty Officer Etta Smith, a Coast Guard spokeswoman.  According to Smith, the tug and barge were in the vicinity of where the incident took place.

“Anything is possible.  The barge is connected to the tug by a cable tow; they are looking at the tow cable to see if there was any possible collision,” said Smith.

Matteo Russo, 36, was the captain of the Patriot.  Russo and his father-in-law, John Orlando, 58, were killed when the 54-foot fishing trawler mysteriously sank just 15 miles off Gloucester in Middle Bank.

According to the Coast Guard, six crewmembers of the tug and barge and three other witnesses are being interviewed as investigators look for the cause of the accident.

On Thursday at 11:00 PM, the Coast Guard declared a safety zone around the area where the Patriot sank.

“We have established a safety zone to preserve the integrity of the scene and vessel while investigators continue working on this case,” said Captain Gail Kulisch, commander of the Coast Guard Sector in Boston, in a statement.

In order for any vessels to enter the safety zone, permission must be granted from the captain of the Port of Boston.  Anyone who violates the safety zone can be fined up to $32,500 and given a jail sentence of up to five years.

On Wednesday, seven hundred mourners gathered together at Saint Ann Church in Gloucester to remember the lives of Russo and Orlando.  Russo’s wife is expecting a second child and Orlando was a father of two.

 

Read More About Tug’s Cable Investigated as Link to Sinking of Fishing Boat...

back to top

Missing Cruise Ship Employee Not Found

A cruise ship employee on the Carnival Sensation fell overboard and was never found.  He fell 82 feet overboard.

Antonio Matabang, a 26-year-old man from California, was an off-duty member of Carnival’s entertainment staff.  Co-workers reported Matabang as going overboard about 50 minutes after ringing in the New Year on the Carnival Sensation, which was just 20 miles east of Vero Beach, Florida.  His co-workers threw him a life ring, but Matabang never resurfaced.

The Coast Guard was immediately called for help by ship officials.

The Carnival Sensation also assisted with the search shortly after the accident and returned to port.  The ship was coming back from a four-day cruise to the Bahamas.  A Carnival spokesman was quoted as saying, “our thoughts and prayers are with the young man at this time as well as with his friends and family.”

Search-and-rescue coordinators from Miami and Fort Pierce used four boats, two helicopters and two planes during the search attempt.  Carnival also helped with the search, according to Coast Guard spokesman James Harless.  An 87-foot cutter was kept in the area by the Coast Guard. 

The search was eventually called off.  Helicopters and patrol boats covered more than 3,000 square miles of the Atlantic Ocean east of Vero Beach.  Harless said that the current would have taken him in a northeast direction, but rescuers were not able to find Matabang.

Harless said that Matabang’s 82-foot fall and other conditions hurt his chances of survival.  According to Harless, “it is a high distance.  He fell into 7-foot seas without a life jacket at night.  There are winds and strong current he was battling with, along with the high seas.”

Vero Beach law enforcement will be investigating the accident and Carnival is expected to conduct its own investigation.

back to top

Barge Hits Casino

A shear barge broke away from its moorings recently and hit the property of the Argosy Casino-Alton, located in Alton, Illinois.  The casino suspended its operations for the first time in 17 years after the accident that occurred on an early Saturday morning.

The barge that struck the casino, along with a second one tethered to it, had been attached to a pylon near the shore by a steel cable.  The barges are meant to protect the casino complex from other river traffic and float upriver from it.  During the early hours on a Saturday, pressure resulting from ice build-up caused the steel cable to break, which sent the barges floating until they stopped against another barge housing the casino’s employee cafeteria.

No injuries or damage to the facility were reported, said Rich Laudon, vice president and general manager for Argosy Casino-Alton.  According to Alton Fire Department Captain Tim Quigley, the fire department was called to the scene of the barge collision to make sure that utilities were secure and that there was no gas leak or seeping water.

Limited Leasing Co. in Old Monroe, Missouri was expected to send a tugboat the afternoon of the accident to move the barges back into place.  A statement that was later released by Argosy-Casino-Alton did confirm that the barges were secured once again, but that the casino would be closed until the following morning.

During an interview Saturday morning, Laudon stated that Argosy Casino-Alton was going to remain closed until the barges could be moved away from the casino complex.

Read More About Barge Hits Casino...

back to top

Electrician Files Jones Act Lawsuit Against Employer

An electrician from DeWitt County is suing Houston-based Diamond Offshore Services Company for injuries he reportedly sustained on the job.  The lawsuit has been filed in Galveston County District Court.

The electrician, Richard Dean Dewitt of Cuero, states that his employer, Diamond Offshore, failed to ensure his safety while he was working on the company owned vessel, Ocean Clipper, on April 9.

Dewitt’s Jones Act lawsuit was filed on December 11.  Galveston County 122nd District Court Judge John Ellisor will be presiding over the case.  Dewitt has requested a jury trial.

The lawsuit does not give details as to the circumstances that led up the incident, but it does state that Diamond Offshore was negligent and that Ocean Clipper was an unseaworthy vessel.

According to Dewitt’s compliant, "Occurrences and injuries occurred as a proximate result of the unsafe and unseaworthy condition of the Ocean Clipper, its crews, and appurtenances and equipment…as a proximate result of the initial acts and lack of attention on the part of the defendants."  The complaint also accuses the employer of violating the Jones Act and U.S. general maritime law.  The Jones Act protects injured seamen and provides compensation when a vessel owner is negligent or if a vessel is unseaworthy.

Dewitt allegedly sustained severe and painful injuries to his back and other parts of his body.  Court documents state that his consequent unemployment caused him to incur medical and pharmaceutical expenses and that Diamond Offshore refused to pay for these costs.

The lawsuit states that "In connection therewith, (the) plaintiff would show that he sustained severe pain, physical impairment, discomfort, mental anguish, and distress to date and that in all reasonable probability, such physical pain, physical impairment, and mental anguish will continue indefinitely and into the future."

Dewitt also alleges that Diamond Offshore refused to pay maintenance to him and did not provide him with medical cure.

Read More About Electrician Files Jones Act Lawsuit Against Employer...

back to top

Texas Silica Law Outweighs Federal Maritime Law

The Supreme Court of Texas ruled that Texas silica law outweighs federal maritime law, which sent a Harris County lawsuit to a multidistrict pretrial court.

Justices decided that pretrial Judge Tracy Christopher of Houston, who had previously remanded a lawsuit against Global Santa Fe Corp. to Harris County district court, must take the case back.

John Lopez, who is the plaintiff, wanted the justices to settle jurisdiction according to the Jones Act, which provides protection for injured seamen.  However, all nine justices turned him down.

"Texas courts are not expected to abandon all their regular rules of practice and procedure and to adopt federal rules in a case simply because a Jones Act claim is alleged," Justice Don Willett wrote.

The decision made by the Supreme Court of Texas strengthened a 2005 law that addresses an asbestos litigation crisis, as described by Texas legislators.

This law established a multidistrict litigation panel to consolidate asbestos and silica lawsuits from many courts for assignment to judges for pretrial discovery.  The law allowed plaintiffs of new cases 30 days to file a physician’s report of a physical examination with medical and occupational histories.  However, plaintiffs with pending cases could avoid multidistrict jurisdiction by filing a physician’s report within 90 days of the effective date of the law.  Lopez’s case was considered a pending case.

After the deadline passed, Global Santa Fe sent a notice to the multidistrict court that it would automatically transfer Lopez’s lawsuit.  Lopez requested that Christopher remand the lawsuit to Harris County, claiming that Texas law was preempted by the Jones Act.  Christopher did remand the lawsuit.  Global Santa Fe was able to obtain mandamus relief at the Supreme Court.

According to Justice Willett, “By remanding the case to the trial court, the MDL pretrial court in effect held that, at least as to Lopez, Chapter 90 in its entirety is preempted by the Jones Act."  He also wrote that "Nothing in the Jones Act exempts a seaman claiming a silica-related disease from establishing, through reliable medical proof, that he in fact suffers from such a disease."

back to top

Employee Alleges Firing After Being Diagnosed with Cancer in Jones Act Lawsuit

A 2007 Jones Act case against Marquette Transportation and Bluegrass Marine was set to be heard by a jury trial on December 8, 2008 in Madison County Circuit Judge Barbara Crowder’s courtroom.

Vivian Fox, the plaintiff, was a cook on the M/V Captain Bear Ive.  She alleges in her lawsuit that her employers fired her after she was diagnosed with cancer.  Fox states in her lawsuit that she became ill and requested medical attention while working on April 25, 2007.

According to Fox, Marquette let her off the vessel in Wood River and she pursued medical treatment at Alton Memorial Hospital.  She claims that Marquette had the legal obligation under the Jones Act to provide her and the crew members with prompt maintenance and cure for injuries and illnesses.

Fox claims that she was initially provided with maintenance and cure, but after she underwent surgery for colon cancer, Marquette refused to pay her maintenance and cure and fired her, which cut her off from any health insurance benefits.  Fox said that this was a breach of legal duties by Marquette.

The Jones Act, which is a federal statute, allows injured seamen to recover damages from their employers due to negligence caused by the vessel owner, captain or fellow members of the crew.  Compensation under the Jones Act is different than workers’ compensation.  To recover monetary damages, the seaman must prove some negligence or fault on the part of the vessel’s owners, operators, officers or fellow employees.  Any defect in the vessel, its gear, tackle or equipment can also be grounds for a Jones Act claim.

Fox is expected to testify during the trail that she sustained consequential damages over, above and beyond what she would have sustained from the natural course of her illness had Marquette paid her prompt and appropriate maintenance and cure, including an increased loss of chance of survival, increased mental anguish and physical pain, delayed recovery and increased cost of medical expenses.

Marquette and Bluegrass are expected to argue that they acted in a reasonable manner at all times and that Fox’s cancer was not related to her work on the vessel.

Read More About Employee Alleges Firing After Being Diagnosed with Cancer in Jones Act Lawsuit...

back to top

OSHA Issues Citation to International Diving Services

Following an investigation by the Occupational Safety and Health Administration (OSHA) into the accident in Paris, Texas that killed a diver, the agency has cited International Diving Services of Arlington for safety violations.

The Dallas Area Office of OSHA started its investigation after the May 13 accident that occurred at a water treatment facility in Paris, Texas.  A diver was killed in the accident after his lifeline became entangled in the water pump of a 500,000-gallon in-ground water tank.

Stephen Boyd, OSHA's area director in Dallas was quoted as saying, “The employer failed to ensure appropriate safety procedures were followed for entry into a permit-required confined space and failed to control the hazardous energy that ultimately took this employee's life."

International Diving Services received a citation from OSHA for two alleged willful violations and three alleged serious violations.  A willful citation is used for violations that are committed with disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.  Serious violations involve conditions that exist which could result in death or serious physical harm.

The willful violations include failing to perform a safety and health assessment for surface and underwater conditions, when planning diving operations and failure to brief dive team members of the hazards or environmental conditions that could affect the safety of the diving operation.  The serious violations include entry into a confined space without verification it was safe for entry; the employer’s failure to make sure that the supervisor verified all tests were completed and all procedures and equipment were situated, according to the confined space requirements; and the failure to create and document procedures for the control of potential hazardous energy.

OSHA’s citations included $64,000 in proposed penalties.

International Diving Services has 15 business days from the receipt of the citations to comply, ask for an informal conference with OSHA’s area director in Dallas or challenge the citations and penalties with the independent Occupational Safety and Health Review Commission.

Read More About OSHA Issues Citation to International Diving Services...

back to top

Barge Hits Hines Bridge in Massachusetts

A barge hit Hines Bridge while heading up river, which left the swing bridge unable to completely close.  MassHighway officials spent the week following the accident, assessing the damage.

“From preliminary reports, it looks like the barge hit and knocked the bridge out of alignment. But we are still assessing the damage and looking at repairs that need to be made,” said Adam Hurtubise, spokesman for MassHighway.

The barge accident took place on Thursday, November 13, shortly before noon.  According to Hurtubise, this accident will not affect Mass Highway’s plans to shut the bridge down for a complete overhaul next fall.  The current plan is to repair the damaged bridge, reopen it and then close it again next fall for renovation, which is estimated to be closed for at least two years.

The 250-foot long William Breckenridge barge was carrying three transformers for National Grid when it smashed into the Hines Bridge as it passed through the channel near Deer Island.  This barge had started its journey in Pennsylvania, traveled up the East Coast and stopped in Lynn to deliver one of the transformers.  The final destination was the Amesbury boat ramp that is not far from the Hines Bridge.

Newburyport Harbormaster Ralph Steele was on board the William Breckenridge barge at the time of the accident.  He was asked to join the crew on board the barge while they made the last part of their journey, because of his knowledge of the local waterways.  At the time of the crash, he was taking a photograph.

The U.S. Coast Guard is still investigating the details of the accident.  One officer has already speculated that the crash was most likely the result of operator error.  He made sure to say that this statement was his personal opinion and more information will be available as soon as reports are completed.

Read More About Barge Hits Hines Bridge in Massachusetts...

back to top

Leg amputation leads to large settlement for injured deckhand

A 24-year old worker who was training to be a deckhand was assigned to a couple of barges while working for Material Services Corp.  The barges separated as the deckhand was moving from one to the other, causing his right leg to slip into the gap between the two barges.  The barges then came together, crushing his leg.

The worker's past medical costs were $516,000, past lost income was $42,000, and he claimed $2,000,000.00 in future medical costs and $600,000.00 in future wage lost.

The worker sued under the Jones Act, alleging that the company failed to provide a safe workplace, proper equipment, and training.

The company denied fault, claiming that it was the young worker's fault that his leg was crushed.

Injured Offshore? Helpful resources and articles

Do you have a Jones Act or maritime injury case?  The Jones Act and Maritime Attorneys at Vujasinovic & Beckcom, P.L.L.C. have successfully handled all types of maritime injury and Jones Act cases.

Before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read this list of helpful articles.

Interested in learning more about really happens in a maritime injury case?

Click here to request a copy of the "Insider's Guide to Winning Your Maritime Injury Case"

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Read More About Leg amputation leads to large settlement for injured deckhand...

back to top

Injured deckhand settles back injury case against employer

We are pleased to announce that one of our clients, a deckhand for an offshore tug and construction company, has settled his case against the company for a substantial amount of money.

Our client was working as a deckhand on a pushboat.  He was injured when a hand rail on the push knee of the boat broke as he was using the hand rail to disembark from the boat.  When the hand rail broke, our client fell some 5 feet to the deck, severely injuring his back.

After several months of medical treatment including physical therapy and pain medication, our client was not better.  His board-certified orthopedic surgeon recommend a back fusion surgery.

The company refused to pay for or approve the surgery.  We filed a Jones Act lawsuit on our client's behalf.http://www.eastcoastmarineservices.com/images/Push_Boat_web.jpg

After we developed the evidence in the case and finished our investigation, the company agreed to pay a substantial confidential settlement and also agreed to pay for the necessary surgery.

The settlement was substantial enough that the company insisted that it be confidential.

Congratulations to our client.

*******************************************************************************

Injured Offshore? Helpful resources and articles

Do you have a Jones Act or maritime injury case?  The Jones Act and Maritime Attorneys at Vujasinovic & Beckcom, P.L.L.C. have successfully handled all types of maritime injury and Jones Act cases.

Before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read this list of helpful articles.

Interested in learning more about really happens in a maritime injury case?

Click here to request a copy of the "Insider's Guide to Winning Your Maritime Injury Case"

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

back to top

Navigazione Montanari S.p.A. and Pelican Offshore Services settle Jones Act case with mooring master

According to published reports, Pelican Offshore Services and Navigazione Montanari S.p.A. of Italy have settled a Jones Act lawsuit brought by an injured mooring master.

The settlement is reported as being $1,975,000. 

The reports indicate that the injured mooring master was hurt off the coast of Corpus Christi while on board the M/V VALTAMED.  He was participating in offloading operations while the vessel was lightering.

The injury occurred when the operator of the crane hoisted up and back on the crane's hook while it was still attached to the side rail.  The rail broke and a metal bar flew across the deck and hit the mooring master.

The mooring master suffered a closed head injury, double vision, eye fractures, headaches, and other associated injuries.

The defendants denied all the allegations.

The ship was owned by Navigazione Montanari S.p.A. of Italy and the crane operator was employed by that company.

The crane operator had not been certified or trained to operate cranes.

The case was styled Bryan D. Wise v. Pelican Offshore Services and was pending in Jefferson County, Texas, Judge Milton Shuffield presiding.

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry.  We are based in Houston, Texas.  We represent offshore workers all over the world.

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

back to top

5th Circuit Upholds 1.2 million dollar Jones Act verdict

Last year, a Houston federal jury returned a $1.2 million dollar verdict in favor of one of our firm's clients against his Jones Act employer, Penn Maritime. 

Penn Maritime appealed to the Fifth Circuit.

The case was argued on Monday, June 2, 2008 in New Orleans.  On Thursday, June 5, 2008, in a per curiam opinion, the Court upheld every part of the jury's verdict in favor of our firm's client, while reforming the interest calculation.

Congratulations to Arnold & Itkin, our co-counsel, along with appellate counsel at Beck, Redden & Secrest.

Read More About 5th Circuit Upholds 1.2 million dollar Jones Act verdict...

back to top

Settlement for offshore welder who injured back

Our law firm was hired by a Halliburton Energy Services employee to represent him after he suffered a serious back injury while working offshore.

The worker was a mechanic / welder.  He and three other Halliburton workers were working on a jack-up rig owned by Rowan Companies.

They were doing welding work and had called a specialist welding company called Cajun Cutters in to assist.  The welder Cajun Cutters sent to assist did not do his job properly, and as a result, our client suffered a severe back injury.

Our client incurred more than $150,000.00 in medical bills and lost wages. 

We were able to obtain a settlement for him valued at more than $500,000.00 in net recovery to him (complete waiver of the lien and more than $350,000.00 in his pocket.

To read more about maritime law, please visit our firm websites at www.vbattorneys.com or www.themaritimelawyer.com


back to top

Jones Act & Maritime Injury Claims Book

We are pleased to announce the coming publication of a new book written exclusively for people injured offshore.

The working title of the book is "The Complete Guide to Jones Act and Maritime Injury Claims." 

We anticipate the book will be published and ready for shipment in late June or early July 2008.

This is a book that the offshore employers, cruise ship companies, and the insurance companies DO NOT want you to read. 

Why?

Because we expose their tricks and secrets and defenses and provide real, practical advice for winning your injury case.

Stand-by for more details.

Want to know more about offshore injury claims? 

Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.

Click here to read an article with helpful suggestions and tips on how to hire the best lawyer for your offshore injury case.

Curious about the Jones Act?  Click here for a general overview of the Jones Act.

Want to know more about the Longshore and Harbor Worker's Compensation Act?  Click here to read the article "What is a Longshoreman and What Are Their Legal Rights When Injured?

Want to know the difference between the Jones Act and the Longshore and Harbor Worker's Compensation Act?  Click here to read about the difference between the two.

What to know the truth about offshore injury cases?  Click here to read The Truth About Offshore Injury Claims.

Want to know what you should do after an offshore injury to preserve your legal rights?  Click here to read  What Should You Do If You Are Injured Offshore

If you are hurt and your employer is giving you a hard time, click here to read "I was injured on the job and my employer is giving me a hard time - What should I do"

Employer trying to get you to give a recorded statement?  Click here to learn the truth about recorded statements and the best way to handle this request.

Thinking about trying to settle your offshore injury case without talking to a lawyer first?  Click here to learn why you can settle some cases yourself but in other cases not having a lawyer may be a TERRIBLE MISTAKE.

Want to know what happens when you file an offshore injury or Jones Act case?  Click here to learn about Filing a Jones Act lawsuit.

Click here to learn about 6 Critical Things you must know if you are Injured At Sea

Your employer may be keeping secrets from you if you are hurt offshore.  Click here to read about The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

Read More About Jones Act & Maritime Injury Claims Book...

back to top

Lawsuit Filed Against Blessey Marine Under the Jones Act

A Jones Act seaman's wife has filed a lawsuit against Blessey Marine, his employer, for the wrongful death of the seaman.

The seaman was killed by lighting on August 2007.  According to the lawsuit, Blessey Marine ordered the man to work outside in inclement weather.  The lawsuit claims that Blessey Marine violated industry standards.  The wife is seeking compensation for the loss of her husband.

What is the Jones Act?

The Jones Act allows injured seaman, or their heirs if they are killed, to bring a lawsuit against their employer. 

To find out more about the Jones Act, please contact our law firm at www.vbattorneys.com by going to the contact section of the main website. 

You can request a free copy of our book, "The Truth About Offshore Injury Cases." 

The book explains offshore injury cases, including Jones Act cases, and explains the entire process of a legal case for an offshore injury or death, including what to do in the early stages of the case, how to handle the insurance companies, whether and when and how to go about hiring a lawyer, and what to expect during the case.

Read More About Lawsuit Filed Against Blessey Marine Under the Jones Act...

back to top

Houston Maritime Death - Man Killed While Loading Ship

Sadly, a crane operator who was loading a commercial ship in Houston was killed when the load fell on top of him.

The crane operator  was loading a large barge onto the ship when the crane snapped. 

Our sympathies go out of the family.

back to top

Hoosier Marine Hit With Lawsuit By Injured Worker

An employee of Hoosier Marine has sued the company, claiming that he was injured when he fell from a 15-foot pile of cover tops on a barge. 

According to the lawsuit, Hoosier Marine was negligent in failing to adequately train the employee and also in failing to provide a safe place to work.

The case is filed under the Jones Act and general maritime law.

The Jones Act and general maritime law protect "seaman" against negligence, unseaworthiness, and other carelessness and recklessness of their employers and possibly others involved in offshore work. 

Unlike many state law legal claims, the Jones Act can be very favorable to injured seaman.

However, the Jones Act and general maritime law is very complicated.  Most lawyers have never handled and will never handle a Jones Act or offshore injury case.  So if you choose to pursue a Jones Act or general maritime law claim, choose your lawyer carefully.

Protect Your Legal Rights

Injured offshore?  Interested in protecting your legal rights?  If so, feel free to call us for a free, no-obligation consultation about the Jones Act, general maritime law, and your case. 

Or, visit our websites to learn more about your legal rights and what we can do for you:

www.vbattorneys.com
www.maritimeaccidentattorney.com
www.themaritimelawyer.com

back to top

Injured Galleyhand Sues Universal Sodexho and Rowan Under Jones Act

The Southeast Texas Record is reporting on on our firm's Jones Act cases, Paul Perronne v. Universal Sodexho and Rowan.

For more information, please contact Brian Beckcom at 713.224.7800, or toll free at 877.724.7800, or visit one of the firm's websites:

www.vbattorneys.com
www.themaritimelawyer.com
www.maritimeaccidentattorney.com

***************

About the firm

Vujasinovic & Beckcom, P.L.L.C. is a firm of board certified personal injury trial lawyers who handle serious injury and death cases, as well as business and insurance cases, on a contingency fee basis.  The firm has a substantial docket of Jones Act and maritime injury cases.

***************

Read More About Injured Galleyhand Sues Universal Sodexho and Rowan Under Jones Act...

back to top

Worker Sues Diamond Offshore for exposure to hazardous chemicals

Press Release - For Immediate Release

Houston, Texas - September 9, 2007

The Houston-based law firm of Vujasinovic & Beckcom, P.L.L.C. has been hired to represent a long-time worker of Diamond Offshore for claims of personal injury under the Jones Act.

The claim alleges that the worker was exposed to extremely hazardous chemicals without any personal protective gear. As a result, the worker is no longer able to work in the sun due to extreme photosensitivity.

About the Firm

Vujasinovic & Beckcom, P.L.L.C. is a Houston-based law firm that handles serious personal injury and wrongful death cases in Houston, Texas and across the nation. The firm has an active docket of maritime injury and death cases as well as Jones Act cases.

To learn more about the firm, please visit the firm's main website at www.vbattorneys.com or its dedicated maritime and Jones Act website, www.maritimeaccidentattorney.com.


Or call the firm toll free at 877.724.7800.

Read More About Worker Sues Diamond Offshore for exposure to hazardous chemicals...

back to top

Worker Sues Pride Offshore For Forcing Him to Work In An Unsafe Position

A worker recently filed a lawsuit under the Jones Act, claiming that his Jones Act employer, Pride Offshore, forced him to work in a dangerous position, work on poorly designed ship valves that were improperly maintained, and work on valves that were placed in the wrong position to begin with. Jones Act employers are not allowed to place their workers in positions that are likely to cause injury. If a worker is injured, he or she can hold the employer liable for negligence under the Jones Act. Likewise, a Jones Act employer/shipowner is required to keep its ships "seaworthy." That means that if the ship and her equipment is not reasonably fit for their intended purpose, the Jones Act employer/shipowner may be held responsible under the general maritime law doctrine of "unseaworthiness." Have a Jones Act or Offshore Injury Question? If you have been injured offshore, or you have a family member who has been injured or killed offshore, you can call the maritime accident attorneys at our law firm toll free at 877.724.7800. You will speak to one of the firm's board certified personal injury lawyers directly. We will answer your questions and try to help you and your loved ones in whatever way we can. About the Author Brian Beckcom is a Board Certified Personal Injury Lawyer who has handled hundreds of Jones Act cases, maritime accident and injury cases, and other serious personal injury and wrongful death matters. You can read more about his firm by visiting the firm's main website at www.vbattorneys.com. Mr. Beckcom is the author of more than 50 articles in the field of maritime law. He is regularly asked to represent injured offshore workers and their families.

back to top

Velaro Live Help
Live help by Velaro

Free Consumer Reports

Insider's Guide to Winning Your Maritime Injury Case
Protecting Your Future

Free Consultation

First Name *:

Last Name *:

Email *:

Phone *:

Tell us more *:

Offices

Vujasinovic & Beckcom P.L.L.C
1001 Texas Avenue
Suite 1020
Houston, TX 77002
Phone: 713.224.7800
Fax: 713.224.7801

©2010 Vujasinovic & Beckcom P.L.L.C, All Rights Reserved, Reproduced with Permission
The Best in Website Design for Attorneys, Attorney Web Blogs That Work, Attorney Search Engine Optimization, Optimized Video Services for Lawyers and Update Your Website Yourself
by Foster Web Marketing - The Best Attorney Website Design & Hosting Firm
Get SEO Tips from The Attorney Internet Marketing Blog
Jones Act Maritime | Jones Act Lawyer | Jones Act Attorney | Maritime Attorney | Maritime Lawyer | Cruise Ship Injury Lawyer | Diving Accident | Maritime Injury | Maritime Death | Death On The High Seas Act | Longshore and Harbor Workers' Compensation Act