Maritime Injury Law Blog

Published on: January 24, 2017

Washington Supreme Court to Decide If Injured Seamen May Recover Punitive Damages for a General Maritime “Vessel Unseaworthiness” Claim

Allan Tabingo was injured at sea due to defective machinery on his employer’s fishing vessel. A hydraulic lever controlling a fish hatch had been defective for two years. When the hatch operator tried to activate the hydraulic lever to stop the hatch from closing, the handle on the lever popped out of the valve. The hatch could not be stopped. The result was a traumatic hand injury and the loss of a father’s livelihood. The accident could have been prevented had American Seafoods simply repaired the handle when it was found to be defective two years earlier.

On January 17, 2017, lawyers in the case of Allan Tabingo vs. American Triumph LLC argued in the Washington State Supreme Court the question of whether an injured seaman may recover punitive damages when injured on an unseaworthy vessel? You can view the arguments here. Originally denied at the trial court, this case was chosen for a fast track (“interlocutory”) appeal and sent to the Washington State Supreme Court due to the importance of this issue for injured fishermen and seamen.

The Jones Act and Maritime Law already provide for Compensatory Damages. An injured seaman may recover a monetary amount necessary to replace what was lost due to his/her injury. Compensatory Damages usually cover:

Published on: January 24, 2017

Fishing Company of Alaska Sells Vessels

by Joseph Stacey

The Fishing Company of Alaska (Renton, Washington) has sold its three remaining factory trawlers and catch quotas to Ocean Peace and O’Hara Corporation.

Mike Faris, CEO of Seattle-based Ocean Peace, confirmed that his company will purchase two of the trawlers and catch quotas. O’Hara Corporation Vice President Frank O’Hara Jr. said his company will purchase one trawler and half of the fishing quotas, giving the company a more diverse harvest that includes higher-priced species.

Purchase prices for vessels and quotas have not been disclosed.

Published on: January 10, 2017

Good Samaritan Rescues 5 After Star King Sinking

by Joseph Stacey

WARRENTON, Ore. – Five commercial fishermen were rescued from the water after their fishing vessel STAR KING, a 55-foot stern trawler, capsized and sank near the mouth of the Columbia River early Saturday morning.

Crewmembers were pulled from the water by good Samaritan fishing vessel SEA BALLAD, then transferred to the Coast Guard 47-foot Motor Life Boat. The STAR KING crew were then transported to Ilwaco, Washington by Coast Guard personnel. No crewmembers required medical attention.

Watchstanders at the Sector Columbia River command center received the first mayday call at 4:31 a.m. It was reported that the vessel was taking on water and listing hard to starboard before capsizing and sending all five fishermen into the water. All crewmembers were accounted for by 5:10 a.m.

Published on: January 8, 2017

F/V GUDNY and Coast Guard Cutter SPAR disabled off Kodiak, Alaska; 4 fishermen airlifted to safety

by Joseph Stacey

January 6 was a tough day for the F/V GUDNY and Coast Guard Cutter SPAR, both disabled 230 miles east-southeast of Kodiak, Alaska. Fortunately, the four fishermen off the 87’ LADY GUDNY were airlifted by a Coast Guard helicopter crew and safely flown to Kodiak.

What happened? At 1:43 a.m. the Kodiak Coast Guard received a distress call from the F/V LADY GUDNY requesting fuel filters because the engine had failed and they were adrift. At 7:30 am, they called again to say they could not restart the engine. Weather was reported as 20-22 foot seas with 49 mph winds – see the photo above. The helicopter crew flew out and airlifted the fishermen off the boat, and the 225’ Coast Guard Cutter SPAR arrived to tow the LADY GUDNY to Kodiak. Unfortunately, the towline parted and tangled in the SPAR’s propeller, disabling the SPAR. Lines tangled in propellers are a nightmare for any vessel size. The commercial tugs ANNA-T and CHAHUNTA ended up towing the SPAR AND LADY GUDNY to Kodiak.

Here are two Coast Guard statements about the LADY GUDNY:

Published on: January 3, 2017

Mariner Rescued Aboard Disabled Vessel in Bellingham Bay

by Joseph Stacey

On December 31st at 3:05 p.m. the Coast Guard Sector Puget Sound received a distress call from a mariner aboard a 27-foot crab boat that was disabled and adrift in the shoals of Bellingham Bay. The mariner was safely removed from his vessel by the crew aboard a 45-foot Response Boat-Medium at 4:13 p.m. The mariner was listed in good health and did not require medical attention.

When the mariner called for help, he was disoriented and unable to give his exact location to Coast Guard personnel. Thankfully, his location was established using the GPS signal from his cell phone.

“The Coast Guard encourages mariners to carry a VHF-FM radio aboard their vessels,” said Don Knesebeck, a command duty officer at Coast Guard 13th District Command Center. “Even if cell phones have a GPS transmitter, tracking down a cell phone is an involved process. Calling 911 with a cell phone should not be ruled out in case of an emergency but using a radio for distress calls is the best possible way to get the help you need, faster.”

Published on: December 27, 2016

Coast Guard Continues Investigation of Alaska Juris Sinking

by Joseph Stacey

Two weeks of Coast Guard hearings and testimonies this past month are slowly revealing the mystery behind the July 26^th sinking of the Alaska JURIS that forced 46 crewmembers to abandon ship in the Bering Sea. Chief Engineer aboard the JURIS, Eddie Hernandez, was a key witness for Coast Guard attempts to reveal operations of the vessel’s owner, Fishing Company of Alaska. The company teams with a Japanese fish buyer, Anyo Fisheries, and continues to operate three factory trawlers whose crews process and freeze catch.

This is not the first time that Fishing Company of Alaska has been at the center of a major Coast Guard inquiry. In fact, many issues that surfaced during the Alaska JURIS hearings paralleled the 2008 sinking of FCA’s Alaska Ranger. In both instances, there were reported gaps in a Coast Guard inspection program, chronic vessel maintenance issues, and safety conflicts between a U.S. crew and Japanese workers.

Although the report on the Alaska JURIS is not expected for months, the hearings offered a look at conditions and operations aboard the vessel. Crewmember Carl Lee Jones revealed in testimony problems surrounding rusting pipes, run down crew quarters, and Japanese crew members who refused to participate in safety drills.

Published on: December 17, 2016

Crewmember with Head Injury on F/V LEANN Flown to Coos Bay, Oregon Hospital

by Joseph Stacey

The captain of the 75-foot F/V LEANN reported that a crewmember fell and suffered a head injury while fishing more than 20 miles off Florence, Oregon. The call to the Coos Bay, Oregon Coast Guard came in just after midnight on December 15, 2016. The captain reported that the injured man was first knocked unconscious, but when he woke he was combative.

The Coast Guard flew a helicopter crew to the vessel, lowered a rescue swimmer to prepare for the lift, hoisted the injured man into the MH-65 Dolphin, and flew him to the Bay Area Hospital in Coos Bay, Oregon.

Weather on scene was calm and clear with light winds.

Published on: December 11, 2016

Update: Search For Missing Crewmembers Called Off

by Joseph Stacey

The Coast Guard cancelled the search for the two missing crewmembers of the EXITO after searching for more than 40 hours. The EXITO sank 14 miles out of Dutch Harbor, Alaska, north of Unalaska Bay, on Tuesday night, December 6. Three crewmembers who abandoned ship were rescued by the Good Samaritan ship AFOGNAK STRAIT. Two other people onboard, names currently withheld, have not been found.

The Coast Guard Cutter ALEX HALEY, a Jayhawk helicopter crew, and three Good Samaritan ships searched for the remaining two people Wednesday and Thursday. “The decision to suspend a search is never an easy one to make and is done with great care and deliberation after thoroughly evaluating our search efforts and the situation,” said Capt. Laura Dickey, chief of staff of the 17th Coast Guard District. “Our thoughts are with the family and friends of the missing men.”

The cause of the sinking is still under investigation. This firm’s thoughts and prayers are also with the family and friends of the two missing men.

Published on: December 7, 2016

Two Crewmembers Missing After F/V EXITO Sinks Off Dutch Harbor, Alaska

by Joseph Stacey

Two of five crewmembers are still missing after the 117’ EXITO sank 14 miles northeast of Dutch Harbor, Alaska on Tuesday evening, December 6.

The owner of the EXITO called the Anchorage Coast Guard around 9:40 pm to report that the ship was taking on water and the crew was preparing to abandon ship. A Kodiak Jayhawk helicopter aircrew and four Good Samaritan ships in the area responded, according to Coast Guard Petty Officer Meredith Manning.

“One of the Good Samaritan vessels, the AFOGNAK STRAIT, located three EXITO crew members and took them aboard their vessel,” Manning said. “The three had abandoned ship together, and the other two were preparing to abandon ship.” The AFOGNAK STRAIT crew rushed the three to Dutch Harbor. The rescued crewmembers reported that one of the missing EXITO crew had put on an immersion suit and was last seen preparing to abandon ship.

Published on: December 5, 2016

ALASKA JURIS Hearings to be Streamed Live from Seattle

by Joseph Stacey

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The U.S. Coast Guard began a two-week public Formal Marine Investigation today to determine the cause of the sinking of the 220-foot fishing vessel, ALASKA JURIS. The vessel sank off Alaska’s Aleutian Islands on July 26th.

Efforts were made to locate the sunken vessel by the Coast Guard, Alaska Department of Environmental Conservation, and The Fishing Company of Alaska, but the vessel was never found. The ALASKA JURIS sank in approximately 5,400 feet of water, and its last known location was about 41 miles northeast of Segula Island.

The Seventeenth Coast Guard District commander will be holding the two weeks of hearings at the Henry Jackson Federal Building in Seattle. Testimony will be streamed live and can be seen at Livestream.