Boat on the sea
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Coast Guard aircrews based in Kodiak, Alaska, flew 1,800 miles to conduct a successful medical evacuation of Aung Bo Bo Htay, an injured oiler on the BK CHAMP, a 580-foot South Korean bulk carrier. Htay, a Burmese national, seriously injured his hand in the vessel’s engine room. The Coast Guard District 17 command center received a phone call from the BK CHAMP reporting Htay’s injury and requesting a medevac.

The Coast Guard launched two Kodiak-based helicopters, which were forced to rest overnight in Dutch Harbor because of the great distance between Kodiak and Adak. One of the helicopters successfully gathered Htay and transferred him to emergency medical services in Adak; soon after he was transported to Anchorage for further treatment.

Though Htay suffered a serious hand injury as a result of the accident in the engine room, he is in good health otherwise. The lawyers at Beard Stacey & Jacobsen, PLLC have handled various maritime personal injury cases of all sorts, including hand injuries very similar to Htay’s in this article. If you have a question about this article or any maritime injury, feel free to call one of the lawyers at Beard Stacey & Jacobsen, PLLC.

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Federal regulators proposed new commercial fishing restrictions in the Aleutian Islands last month in an attempt to aid the declining population of the Steller sea lion. The federal Marine Fisheries Service plans to close all commercial fishing for Atka mackerel and Pacific cod around Attu, the farthest island in the Aleutian chain. It also proposed restrictions but not a complete ban for the same fish in the central islands of the chain, west of Dutch Harbor. The fisheries service stated the closures are needed to reduce the competition between fishermen and sea lions in search of food.
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Coast Guard personnel responded to calls that a barge had grounded and partially submerged in nine feet of water while traveling across the Beaufort Sea. The barge was reportedly carrying more than 1,200 gallons of fuel. Initially, there were reports of sheen from the vessel, but the crew secured all fuel tanks and that sheen dispersed and is no longer visible. Response crews have encircled the grounded barge with containment boom to gather any sudden release of fuel as a precautionary measure.

Fortunately, the crew on board has been safely recovered and no personal injuries have been reported. The lawyers at Beard Stacey & Jacobsen, PLLC have handled a number of cases that deal with barge groundings and sinkings, other accidents that can occur on these boats, and the subsequent personal injuries the crew members have sustained. If you have a question about this article or any maritime injury, please call one of the lawyers at Beard Stacey & Jacobsen, PLLC.

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The Bureau of Labor Statistics issued a new report last month calculating and ranking the most dangerous jobs in the United States; the top three are fishermen, loggers, and aircraft pilots. In 2009, “fishers and related fishing workers” died as a result of injuries at their workplace at a rate of 200 per 100,000 full-time equivalent workers, which is 60 times greater than the average American workforce, 3.3 deaths per 100,000. In a distant second and third, the fatality rate for loggers was 61.8 per 100,000 and 57.1 per 100,000 for aircraft pilots.
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As a result of the recent discussions in Congress concerning the repeal of the Jones Act, the U.S. Navy and the U.S. Navy League officially announced their strong opposition to its repeal. Their stance was promptly lauded by the Maritime Cabotage Task Force (MCTF), a national coalition that represents U.S. fleets engaged in domestic maritime commerce. The U.S. Navy league is a nonprofit organization whose mission is to educate the American people about the enduring importance of sea power to a maritime nation.
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On Thursday morning, Sept. 2, an oil platform in the Gulf of Mexico caught fire, forcing its 13 crew members overboard into the sea. The workers who had been aboard were spotted from a helicopter, huddled together and floating in protective suits a mile from the platform. An offshore supply vessel called the Crystal Clear picked the crew members up and brought them to a nearby platform where they were later taken to land by helicopter.
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The 74-year old captain has been rescued from his fishing vessel near Sitka, Alaska. The captain of the 44-foot trawler ZIMOVIA was rescued from the vessel as it was being knocked about on the rocks by the surf. The Coast Guard was aided in the rescue by the Sitka Mountain Rescue boat crew who launched a small boat from shore to aid in the rescue of the man moments before the vessel sank. The rescued crewman was taken to Sitka Hospital suffering from cold weather exposure. The cause of the accident is under investigation, and potential environmental damage is being assessed.

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A fire broke out on a fishing trawler moored near Seattle Gas Works park Friday night. The 125-foot fishing vessel, ROYAL ENTERPRISE, reportedly caught fire around 7:45 p.m. No one was aboard the vessel at the time of the fire, and the cause of fire is under investigation. The Seattle Fire Department responded to the fire and was able to confine the fire to the deck level and control the fire in approximately an hour. This is the second boat fire to strike the Seattle fishing fleet in the last ten days.

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The ARCTIC DAWN caught fire while moored in Ballard early Monday morning. The 100 foot Alaska crab boat had been previously featured on the Deadliest Catch television series. One crewman was aboard the vessel at the time and was able to escape the fire without injury. Nearly one hundred firemen responded to the three alarm fire. The fire involved the superstructure of the vessel but did not appear to affect the lower decks. The cause of the fire is unknown at this time.

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A claim for punitive damages made by a commercial diver based upon the legal theory of unseaworthiness has withstood legal challenge in the United States District Court for Hawaii. The Court found as a matter of law that punitive damages may be sought in cases involving unseaworthiness. The Court based its holding on the United States Supreme Court’s recent decision in Atlantic Soundings Co. v. Townsend, finding that the Ninth Circuit’s previous holding in Evich v. Morris permitting punitive damages for unseaworthiness remains intact.

Prior to the Supreme Court’s decision in Atlantic Soundings v. Townsend, the majority of the Courts had expanded the Supreme Court’s decision in Miles v. Apex Marine to prohibit punitive damages in Jones Act and unseaworthiness cases. Based upon the Supreme Court’s rationale and analysis in Atlantic Soundings allowing punitive damages in maintenance and cure cases, the Hawaii District Court rejected the vessel owner’s argument that the Supreme Court’s holding in Miles v. Apex Marine prohibited punitive damages in unseaworthiness claims. In a detailed analysis, the District Court Judge found that there was no statutory preemption of punitive damages in a general maritime law claim for unseaworthiness.

Citing Evich v. Morris with favor, the District Court noted that punitive damages serve the purpose of punishing a defendant, teaching him to not do it again, and deterring others from following his example. To recover punitive damages, a seaman must show that the vessel owner’s conduct is willful and wanton.

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Contact Information
Stacey & Jacobsen, PLLC Seattle, Washington
4039 21st Ave W. #401
Seattle, WA 98199
Phone: 206-282-3100 Toll Free: 877-332-5529 Fax: 206-282-1149
Stacey & Jacobsen, PLLC Anchorage, Alaska
205 E Benson Blvd #321
Anchorage, AK 99503
Phone: 907-751-2588 Toll Free: 877-332-5529

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