Maritime Injury Law Blog

Published on: June 5, 2014

F/V ALPINE COVE – Chemical Leak Claims Life of Cody Cecil in Kodiak, Alaska

The Coast Guard and Kodiak Police Department are investigating the death of a 30-year-old Cody Cecil, of Everett, Washington, who died yesterday on board F/V ALPINE COVE while the vessel was moored in Kodiak, Alaska. Four other crew members were evacuated and much of the harbor had to be cleared. One man, Francis Rutten of Snohomish, Washington, had to remain in the hospital for further treatment.

Apparently, the crew was asleep when a chemical, possibly chlorofluorocarbon (CFC), from the vessel refrigeration system leaked. According to reports, one of the crew smelled something strange and called Emergency for help as he tried to waken the crew. The investigation includes looking into any potential connection with some welding work had been done on the vessel hours earlier.

F/V ALPINE COVE is a 76-foot vessel, built in 2001, owned by Alpine Cove Fisheries, LLC, of Woodinville, Washington. At the time of the leak, ALPINE COVE was moored in St. Herman’s Harbor, one of the marinas located at Near Island in Kodiak.

Published on: May 22, 2014

Brand New Yacht BÄDEN Capsizes and Sinks First Time in the Water

by Lysander Johnson

On May 18, moments after she touched water in her very first launch, 85-foot, $10 million M/V BADEN capsized on her port side and began to sink.

The launch came after more than two years of pain-staking at Northern Marine Industries to build this beautifully appointed expedition style vessel. She was rolled out to the Fidalgo Bay Marina in Anacortes, Washington, christened, and began her short, sad journey into the drink.

At one point during the launch, she seemed to shift in her cradle, but no problem could be found, and the launch proceeded. There were about six people on board at the time, some of whom had gone down below to adjust the ballast at the first signs of instability. Unfortunately, there was nothing they could do as she took on water. All who were on board besides one man were rescued fairly quickly, but that one man was trapped below decks until one of the officers took a fire ax to a port hole and pulled him out. No one was seriously injured, although the man who’d been trapped suffered scrapes and bruises from his ordeal, and felt lucky to have been rescued.

Published on: May 20, 2014

S/V CHEEKI RAFIKI – Search Continues in North Atlantic for Missing Crewmen

by Lysander Johnson

On noon Saturday, May 18, the crew of M/V MAERSK KURE discovered an overturned hull of a sailing yacht about 1,000 miles east of the U.S. northeast coast. That’s where the last beacon from CHEEKI RAFIKI had been noted. Because of 15-foot seas and winds of over 50 knots, the MAERSK KURE crew was not able to get close enough to confirm the hull as that of CHEEKI RAFIKI. However, the container ship remained in the area until Sunday night in hope of finding survivors before having to sail on.

The first sign of distress had come at 12:30 a.m., May 16, with the activation of two EPIRBs and word that CHEEKI RAFIKI was taking on water in foul weather. The initial search by U.S., Canadian, and other nation’s assets for the yacht initiated from that time and continued until 5:00 a.m., May 19, covering over 4,000 square miles by sea and by air, in hopes that the crew had found safety in their life raft. That search was called off because it had more than twice surpassed the 20 hours that survival models indicated for such weather conditions.

CHEEKI RAFIKI, a Beneteau 40.7, was en route to the U.K. from the Caribbean at the time of her distress. Her crew are said to be Paul Goslin, 56; Steve Warren, 52; James Male, 23; and Andrew Bridge, 21, all experienced sailors from the south of England.

Published on: May 19, 2014

U.S. Commercial Fisheries – Controversy Between Coasts Over Magunuson-Stevens Act Reauthorization

by Lysander Johnson

In 1976, the Magnuson-Stevens Fishery Conservation and Management Act was passed in response to the large number of non-U.S. fishing vessels in our waters, and the seriously reduced, threatened fish stock resulting from years of overfishing by non-U.S. and U.S. vessels alike. From the passage of this Act onward, the U.S. claimed a 200 mile Exclusive Economic Zone (EEZ) wherein only U.S. vessels can fish. The Act also gave the U.S. government the power to make and enforce regulations and laws to protect fish and other sea life, and thus the livelihoods of those working in our commercial fishing industry.

The Act has been reauthorized with new amendments twice so far since 1976, once in 1996 and again in 2006, but expired as of this past September. In keeping with the general state of factionalism in the U.S., there are two conflicting versions of bills offered in order to reauthorize the Act this fourth time. The lines are split between the Democrats and Republican bill committees, which just happens to mark the differing needs and ideologies between the U.S. Pacific Ocean fisheries and the U.S. Atlantic Ocean and Gulf of Mexico fisheries.
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Published on: May 12, 2014

F/T AMERICAN DYNASTY Incident Report: Canadian Transportation Board Finds American Seafoods Company Lacked Safety Procedures in 2013 Allision

by Stacey & Jacobsen, PLLC

The Canadian Transportation Board has issued a report criticizing American Seafoods Company for a lack of safety preparedness in a 2013 allision between AMERICAN DYNASTY and Canadian Frigate HMSC WINNIPEG. AMERICAN DYNASTY is a 272-foot American factory trawler run by a crew of up to 150 crewmen which experienced an electrical blackout while docking in Esquimalt, Victoria B.C., in 2013. During the blackout, the vessel gained speed and veered to the starboard before striking the WINNIPEG. The Safety Board noted that the auxiliary motors did not automatically turn on during the black out, and there was a breakdown in communication between the bridge and engineering department, resulting in the engineer not knowing the need to take urgent action to avoid the allision.

The Transportation Board stated: “The investigation found that, without procedures and comprehensive emergency drills, crews may not be proficient in taking mitigating action during an emergency. Effective management of safety requires individuals at all levels of an organization to identify and manage risks. In this occurrence, there were indications that aspects of safety associated with emergency preparedness and crew familiarization were not managed effectively.”

No injuries to the crew of AMERICAN DYNASTY were reported. However, six shipyard workers aboard WINNIPEG were reported to have suffered injuries. Although the impact was relatively slow, the size and power of these ships resulted in serious damage to both vessels.

Published on: May 12, 2014

Court Rules Fishing Company of Alaska Cannot Move Injured Fisherman’s Case to Federal Court

by Stacey & Jacobsen, PLLC

Orlando Coronel was injured while working as a fish processor for Fishing Company of Alaska (FCA). Coronel was involved in two separate accidents aboard the F/V ALASKA VICTORY, injuring his shoulder and wrist. Coronel retained the maritime lawyers Beard Stacey and Jacobsen, who filed suit against the Fishing Company of Alaska in King County Superior Court, alleging Jones Act negligence and that the unseaworthiness of the vessel lead to his injury.

Utilizing procedural rules, the Fishing Company of Alaska (FCA) removed Coronel’s case to Federal Court, trying to shift the case to Federal Court in Seattle rather than face a King County jury. FCA argued that a minor change in the removal statue made in 2011 permitted removal of maritime cases from State Court to Federal Court. Arguing on behalf of Coronel, Beard Stacey and Jacobsen claimed that the Federal Court lacked original jurisdiction over maritime claims filed in State Court, and the Savings to Suitors clause prohibited removal of Jones Act claims from State Courts. Furthermore, Coronel argued that the Jones Act gave him an absolute choice to have his Jones Act claim heard in State Court rather than in Federal Court.

U.S. Federal District Court Judge for the Western District of Washington, Judge James Robart, heard the case and held that maritime cases for injured seaman such as Coronel cannot be removed from State Court. Judge Robart held that the Federal Court lacked original jurisdiction over such claims, and that the Savings to Suitors clause protected the injured seaman’s right to sue in State Court. According to Judge Robart’s decision, the Removal Statute did not apply to injured fisherman such as Coronel. Although a few U.S. District Courts had previously accepted the arguments made by FCA, the detailed and thorough analysis of Judge Robart’s decision is likely to be the adopted precedent by other District Courts throughout the United States. The full case can be found at Coronel v. Alaska Victory, 2014 WL 820270 (2014).

Published on: May 8, 2014

Injured Fishermen and Seamen May Receive Maintenance Benefits While on Light Duty

by Stacey & Jacobsen, PLLC

Injured seamen are entitled to maintenance and cure benefits while they are recovering from their injuries. Maintenance should continue until the seaman has reached a point of maximum medical improvement or to the point where he or she is able to return to their normal job assignment. Maintenance payments are not wage replacement payments; maintenance only provides an allowance for the reasonable housing, food, and utilities of the injured seaman. Maintenance does not provide for many of the expenses seaman may face such as car payments and support of one’s spouse and children.

In many cases prior to reaching maximum medical improvement, the seaman is cleared for light duty by their treating doctor. If a seaman seeks a light duty shore side job during recovery from their shipboard injuries, they are still entitled to ongoing maintenance benefits. The wages earned in this light duty job do not offset or replace maintenance benefits. Maritime legal cases support the proposition that an injured fisherman should receive light duty wages in addition to their maintenance payment.

The right to ongoing maintenance while on shoreside light duty is slightly different when the seaman returns to light duty aboard the same ship or fishing vessel on which they were injured. If the employer is providing meals and lodging as part of the light duty job aboard ship, then they would be fulfilling their obligation to pay maintenance as they are paying for the injured worker’s room and food. However, as in most fisherman contracts, if the cost of meals or housing is being deducted from the fisherman’s pay, then the fisherman on light duty will still be entitled to at least a portion, if not all, of their maintenance benefits, in addition to light duty wages.

Published on: May 2, 2014

Deadliest Catch F/V NORTHWESTERN Moored at Fisherman’s Terminal

by Stacey & Jacobsen, PLLC

The maritime law offices of Beard Stacey and Jacobsen PLLC are located in Seattle at Fisherman’s Terminal. Out the window of their offices, the attorneys of Beard Stacey and Jacobsen watch the Alaska fishing fleet come and go. With 90 years of combined maritime law experience, the lawyers at Beard Stacey and Jacobsen understand fishermen, how fishing accidents happen, and how fishing accidents can be prevented. Beard Stacey and Jacobsen have obtained record breaking results for their clients. The firm has recovered millions of dollars in compensation for their clients located throughout the United States.

The Alaska fishing fleet remains primarily based in Seattle, where skilled shipyard work can be performed on the vessels that need to be prepared to safely take on the extreme conditions encounterd in Alaska. Many salmon vessels are now preparing to work the lucrative summer Alaska salmon fishing season, with gillnetters, purse seiners, tenders, and processors set to leave port in the next several weeks.

For those fans of the Deadliest Catch, the crab fishing vessel NORTHWESTERN can be seen up close at the Port of Seattle Fishermen’s Terminal northern dock, located off Commodore Way and 20th Street. NORTHWESTERN is a classic design of Alaska crab fishing vessel with a long history of safely working in the dangerous waters of the Bering Sea.

Published on: May 1, 2014

Geoduck Diver, Samuel Silverstein, in Critical Condition at Harborview

by Lysander Johnson

On Tuesday morning, April 29, Samuel Silverstein of Bremerton was diving for geoduck off Green Point, Washington, with diving partner and owner of 40-foot F/V GOLD RUSH, Robert Mead. Silverstein and Mead were diving in about 60 feet of water, using 300-foot hoses attached to an air compressor on board, which was attended by two deck hands.

According to reports, Silverstein radioed from the bottom that he was having trouble and was coming up. When he surfaced, motioning to be picked up, the deck hands noted that his mask was “turned off.” Then Silverstein said he was going back down due to being tangled, after which he surfaced one more time. At that point, he was too far away for a quick pick-up by GOLD RUSH, so a deckhand requested assistance from nearby Department of Natural Resources vessel DAWN BREAKER. By then, Silverstein had disappeared under water again.
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Published on: April 27, 2014

M/V SEWOL Tragedy off South Korea

by Lysander Johnson

Ferries operate around the world, most of the time successfully enough. Here in the Puget Sound area, millions rely on ferries each year. In fact, according to the Washington Department of Transportation, over 75,000 commuters use the ferry system each work day, and vehicles board ferries around 11 million times per year for work and leisure, making our ferry system the largest in the U.S. and the third largest in the world.

Ferry collisions, allisions, and casualties are rare in Puget Sound, but, unfortunately, such incidents are not so uncommon around the world. The latest is a horrible tragedy involving the lives of hundreds of high school students on a field trip, as well as many other people aboard for the usually safe 13.5 hour journey between Incheon and Jeju, South Korea.

This ro-ro (roll on/roll off) ferry, SEWOL, was built in Japan in 1994, and started her life ferrying passengers there as NAMINOUE MARU. She is 481 feet long, 72 feet abeam, with a maximum speed of 22 knots. In 2012, she was bought by a Korean marine company and refitted with more passenger deck space, with increased her maximum capacity to 956 persons. Different sources cite a car capacity ranging between 90 and 200, in addition to space devoted to semi-trucks and TEU containers. SEWOL passed more than one safety and insurance inspection for the new additions and weight increase, was pronounced seaworthy, and was set on the Incheon-Jeju route.

On April 16, there were 476 people known to be on board SEWOL. According to reports, 339 of these people were high school students from Danwon High School in Ansan, which is not too far from Seoul, along with some of their teachers. The rest of the people were passengers on other business, and crew. About 16 miles from shore off the southern tip of South Korea, shortly before 9:00 a.m. KST, in calm weather, SEWOL made a hard turn and began to list. Minutes later, a loud noise reverberated. Whilst most of the passengers obeyed the captain’s instructions to remain in their quarters, SEWOL listed ever farther to port, eventually to a degree which removed all hope of evacuating those passengers. By the time the captain made the call to abandon ship, about an half-hour after that hard turn, the intercom system no longer functioned. Good Samaritans in the area and arriving rescue workers saved as many people as they could find, as the SEWOL beam listed perpendicular to the sea, trapping students and other passengers inside. SEWOL took over three hours to sink completely into seas where SAR divers report visibility to be mere inches in front of their faces.
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