Maritime Injury Law Blog

Published on: March 9, 2017

Victory for Maritime Workers: Supreme Court of Washington Rules that Injured Fisherman and Seamen May Claim Punitive Damages

On March 9, 2017, in a landmark case handled by Stacey and Jacobsen, PLLC, the Washington State Supreme Court ruled unanimously that punitive damages may be awarded to injured fishermen and seamen when the case involves a general maritime unseaworthiness claim. Where an employer recklessly provides a vessel or equipment that is not reasonably fit, the employee may bring a separate additional claim of punitive damages. This ruling is a precedent setting victory for maritime workers throughout the nation. No other State Supreme Court has yet ruled on this issue. We are very pleased that employees now have an additional weapon in their arsenal to obtain justice and, at the same time, hopefully curtail dangerous conduct of shipowners.

Allan Tabingo was a deckhand aboard F/V AMERICAN TRIUMPH when the accident occurred. After fish are brought aboard the vessel, a hatch is opened on the deck so that deckhands can shovel the fish through the hatch for processing. To move the last of the fish from the deck into the hatch, a deckhand must get down on all-fours and push the remaining fish through the hatch using their hands. Tabingo was on his knees gathering the fish when another deckhand began closing the hatch. The deckhand realized that Allan Tabingo’s hand was in danger, and tried to stop the hatch from closing. The handle on the hydraulic control valve was broken and repeatedly popped out of the valve. The hatch closed on Tabingo’s hand, severing two of his fingers. The vessel operator had been aware of the broken control handle for two years prior to the incident, yet failed to repair it. In fact, the crew tied one end of a piece of line around the handle and the other end to the ship’s rail so that when the handled popped out, it would not fall overboard. Alan Tabingo suffered the amputation of two fingers and the loss of his livelihood.

Tabingo filed suit in King County Superior Court against the vessel operator, American Seafoods. He asserted Jones Act negligence and general maritime law unseaworthiness claims. The punitive damages claim was based on the precedent setting 2009 Supreme Court of the United States ruling in Atlantic Sounding v. Townsend. The trial judge decided that punitive damages did not apply and dismissed Tabingo’s claim. Tabingo appealed to the State of Washington Supreme Court.

Published on: March 7, 2017

Highway 520 Crane Breaks Loose

by Joseph Stacey

On Wednesday March 1^st, a floating crane broke loose from tethers and drifted from the Highway 520 project toward waterfront homes on Lake Washington.

According to a Laurelhurst homeowner, the crane was floating north of the job site toward residential docks at about 4 a.m.

Emily Durante, a project spokeswoman for the Washington State Department of Transportation (WSDOT), reported that the equipment ran aground in shallow water and was retrieved before reaching any homes or docks.

Published on: February 28, 2017

Diesel Fuel Spill on Duwamish River

by Joseph Stacey

The US Coast Guard and Washington Department of Ecology responded to a fuel spill in Seattle on the West Waterway of the Duwamish River after a tug and barge collided. The incident occurred at 8:30 a.m. Tuesday morning.

Coast Guard Sector Puget Sound, Ecology and the National Response Center were notified of the spill by the operator of Island Tug and Barge at 9:12 a.m. The hull of the tug was breached in the collision, and damage was sustained to one of the diesel fuel tanks.

While the tank’s capacity is 9,000 gallons, the tug was reportedly carrying only 1,200 gallons of fuel at the time of the incident. Larry Altose of the Ecology Department said, “We’ll treat response as if all spilled, until we learn differently.”

Published on: February 17, 2017

Tugboat Samson Mariner Runs Aground

by Joseph Stacey

The Coast Guard, working in partnership with several other agencies, continues to respond to the tugboat SAMSON MARINER that ran aground near Rosa Reef in north Tongass Narrows, Alaska. Approximately 1,100 gallons of fuel was spilled before the breach could be patched by Alaska Commercial Divers.

The official report by the Coast Guard indicates that environmental pollution from the breach might have been much higher, as the SAMSON MARINER was carrying 30,000 gallons of fuel on board while the barge was carrying 40,000 gallons of diesel. Thankfully, the barge did not sustain any damage. Southeast Alaska Petroleum Response Organization (SEAPRO) initiated immediate cleansing of the water around the Rosa Reef using a fuel containment and recovery boom as well as absorbent pads.

“We are working closely with our partner agencies to recover as much of the spilled product as possible,” said Capt. Shannan Greene, Coast Guard Sector Juneau commander. “When spilled, this type of diesel spreads quickly into thin films forming patches of rainbow and silver sheens. We expect the sheen to break up within the next 12 to 24 hours, with scattered sheens potentially still visible under the low wind conditions forecast for tomorrow. Although not expected to impact sensitive areas or wildlife, we routinely collaborate with National Oceanic and Atmospheric Administration to mitigate these risks.”

Published on: February 14, 2017

Search for F/V DESTINATION in the Bering Sea Suspended

by Joseph Stacey

It is with great sadness that we report the suspension of the search for the six missing crew members of the F/V DESTINATION. The vessel is believed to have sunk on Saturday, February 11th in the Bering Sea. Weather at the time was reported as 30-mph winds with five to eight-foot seas and snowing. The air temperature was 21 degrees and sea temperature was 3o degrees.

The Coast Guard reported that the search covered more than 5,730 square nautical miles, and included 21 coordinated searches with a total of 69 aircraft and surface hours.

Watchstanders from the 17th District reported that an Emergency Position Indicating Radio Beacon (EPIRB) alert was received from the F/V DESTINATION early Saturday morning, and that Kodiak aircrews were deployed to initiate the search.

Published on: February 11, 2017

Search Continues for F/V DESTINATION and Six Crew in Bering Sea, Alaska

by Joseph Stacey

The search in the Bering Sea continues for the 98’ F/V DESTINATION and six crewmembers, whose emergency beacon broadcast a signal at 7:15 am, February 11 from two miles northwest of St. George, Alaska. The Coast Guard’s Hercules airplane crew arrived at 10:15 am to begin searching, and two helicopters crews are also assisting. Two Good Samaritan fishing vessels, SILVER SPRAY AND BERING ROSE, also assisted with the search.

The emergency beacon, or electronic position indicating radio beacon (EPIRB), was found in a debris field with buoys, a life ring from the DESTINATION, tarps, and an oil sheen.

Residents in St. George are patrolling the shoreline for any signs of the crew or boat. St. George is a small Pribilof Island with a population of approximately 100.

Published on: February 6, 2017

Coast Guard Rescues 3 Fishermen at Mouth of Columbia River

by Joseph Stacey

The US Coast Guard rescued three commercial fishermen on Sunday morning after their fishing vessel COASTAL REIGN began taking on water. The crew reported that their vessel struck a submerged object as they navigated the mouth of the Columbia River.

Watchstanders at Coast Guard Sector Columbia received the captain’s mayday call (listen here) at 3:20 a.m. An MH-60 Jayhawk helicopter was launched, and first to arrive on the scene at 3:38 a.m. A 47-foot motor life boat from Ilwaco, Washington arrived shortly thereafter, and assisted with the dewatering of the fishing vessel.

The dewatered vessel was then towed to safety and moored at 4:40 a.m.

Published on: January 31, 2017

Final El Faro Hearing Scheduled

by Joseph Stacey

The third and final EL FARO hearing has been scheduled for February 6, 2017 in Jacksonville, Florida. The Coast Guard Marine Board of Investigation will focus on crew witnesses, TOTE company officials, Coast Guard officials as well as the contents of EL FARO’S voyage data recorder (VDR). The transcript of bridge audio recordings was released on December 13, 2016, by the National Transportation Safety Board (NTSB).

The examination of data from the voyage data recorder began on August 15, one week after the device was located at a depth of 15,000 feet and brought to the surface. NTSB recovered about 26 hours of information from the device, including bridge audio, navigational data, onboard radar images, route planning and wind data.

The investigation seeks to determine which factors contributed to the sinking, and will look for evidence of misconduct, inattention to duty, negligence, willful violation of the law by any licensed or certified person, as well as whether there is any evidence that Coast Guard personnel or any government employee contributed to the accident.

Published on: January 24, 2017

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

by Joseph Stacey

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.