Boat on the sea
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The crew of the LUCY M, a 51-foot wooden fishing boat, radioed the Coast Guard they were taking on water and needed help. Two motor life boat crews were dispatched to assist the vessel. Initially, the crew tried to beach the vessel on a shoal, but the task proved too dangerous and the two crewmen were safely removed from the vessel. The vessel subsequently sank in 23 feet of water in the middle of the Point Judith Harbor Refuge about 1,700 yards off the coast of Sandy Hill Cove. Eight feet of the LUCY M remains visible above water, and a reported oil sheen has been observed around the vessel. Initial word was that there were no reports of injuries. Pollution investigators and the Coast Guard are looking into the cause of the accident and need for any remedial measures.

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Under the Jones Act, the evidentiary proof a seaman needs to present to establish a causal connection between his employer’s negligence and his injury is very slight. A Louisiana Appellate Court has reaffirmed this standard in Bancroft v. Mitchell Offshore Marine, 2010 WL 198219 (2010 La. App. 3 Cir.). The crewman in Bancroft claimed in part that he aggravated a preexisting back injury in a collision between his vessel and another vessel. The crewman had a long history of medical treatment for back pain prior to the collision. After the collision, the crewman had a low back fusion. Based upon the evidence presented at trial, the Court found there was no connection between the shipboard accident and the need for subsequent surgery.

Although, at first blush, Bancroft appears to be a victory for the defense, the precedent set by the Court reaffirms long standing legal precedent relating to a seaman’s burden of proof on causation. In reviewing the case, the Louisiana Appellate Court unequivocally declared the legal principle that whatever injury the seaman suffered, including an aggravation of a preexisting injury, needed only to be established by “slight” evidence. This causal relationship has been frequently referred to as the “featherweight” burden of proof as to causation in a Jones Act negligence case. The Appellate Court in Banccroft was divided as to whether or not the injured seaman had proven the necessary causal link, and the trial court seems to have rejected the injured seaman’s evidence of an increase in his symptoms and impaired working ability. Therefore, the verdict was affirmed after increasing the award for pain and suffering for the back injury for increased pain caused by the collision.

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A 29-foot charter boat carrying seven people reportedly collided with a pier in fog Saturday and sank. The passengers and crew were able to don life vests prior to abandoning the sinking vessel. Six persons were rescued from the water by a nearby vessel who heard their calls for help. Dense fog causing low visibility is suspected as a contributing factor in the accident. Michael Bachus, a 55 year old retired Marine Corps sergeant major, who reportedly was working as a mate on the KID A GIN, did not survive the accident. The Kid A Gin Charters website indicates that the Captain of the vessel, David Gramza, was a 25 year veteran of fishing on Lake Michigan. There are few safety regulations that apply to the operation of charter vessels such as the KID A GIN, and the Coast Guard indicates decisions about operating in adverse weather conditions are largely left up to the experience of the vessel operator.

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The 40-foot fishing vessel WESTERN SKIES radioed the Coast Guard that they were taking on water and needed help on Saturday. The Coast Guard sent a helicopter and two motor life boats to the scene which delivered three dewatering pumps to the stricken vessel. With the aid of the Coast Guard, the flooding was brought under control. The WESTERN SKIES is being escorted to Yaquina Bay by the Coast Guard. No injuries were reported in the accident. Investigation into the cause of the accident is underway.

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A 648-foot container ship, the PACIFIC FLORES, has run aground in the Columbia River near Kalama, Washington. The ship reportedly ran aground on its port bow after losing steering. Two tug boats are on the scene and have been able to refloat the vessel that is carrying 600 tons of fuel. The forward tanks of the ship have been sounded and there appear to be no signs of leaking fuel at this time. No injuries were reported in the accident, and the accident is under investigation by the Coast Guard and Department of Ecology.

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The Coast Guard has airlifted an injured crewman from a Lake Charles Pilot boat approximately 10 miles south of Sabine Pass. The crewman had fallen overboard from the offshore supply vessel, Miss Mia, and had been rescued by the pilot boat. The injured crewman was airlifted by a Coast Guard MH-65 helicopter and transported to St. Elizabeth Hospital in Beaumont, Texas for treatment. Facts related to the cause of the accident are unknown at this time, as is the condition of the rescued crewman.

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High Seas and winds caused a tow line to snap on a 330-foot barge being towed ten miles west of the entrance to the Columbia River Bar. The tug boat MIKI HANA called the Coast Guard to report it had lost control of the barge which was carrying 700,000 pounds of construction materials. The tug requested the Coast Guard’s presence on the scene due to the high danger involved in working in 20 foot seas and high winds. After a three hour battle, the MIKI HANA was reportedly able to regain control of the barge using an Orville Hook. A helicopter crew from Astoria Air Station responded to the MIKI HANA’s call for assistance.

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Yesterday, Coastal Villages Region Fund, in a deal with fishing giant American Seafoods, has acquired the 341-foot Alaska pollock factory trawler and three Alaska freezer longliners, the LILLI ANN, NORTH CAPE, and DEEP PACIFIC. In exchange for the vessels and their quota shares, Coastal Villages Region Fund will give up its equity interest in American Seafoods. The Coastal Villages Region Fund had utilized its Community Develop Quota to obtain an equity interest in American Seafoods. The deal for American Seafoods was financed by Bank of America and reportedly involves $750 million in refinancing. Coastal Villages Region Fund has indicated it wishes to move the home port of the NORTHERN HAWK and the other vessel from Seattle to Alaska.

The four vessels employ approximately 200 crewmen during the season. It is unknown how the purchase will impact current crewmen’s jobs.

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Saturday, the ANDREW J. BARBERI, a Staten Island Ferry, slammed into a docking pier injuring up to 40 passengers. The accident is blamed on mechanical failure, and there is no indication that drug or alcohol was involved in the accident. The vessel was carrying 250 passengers at the time of the accident. The ANDREW J. BARBERI was the ferry that was involved in a 2003 accident that resulted in 11 deaths. Investigation into this recent crash by the National Transportation and Safety Board may take years to complete. Fortunately, the injuries to most of the passengers were thought to be minor; however, a number of passengers were taken to local hospitals.

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Late Friday night three tribal fishermen died when their small fishing vessel capsized on the Columbia River near Wisham, Washington. One man survived the accident. The fishermen were part of the Yakima tribe and were participating in a commercial gill netting season for spring run Chinook salmon. The surviving fisherman was able to swim to shore. None of the crewmen were wearing personal flotation devices. The circumstances of how the accident happened are unclear. Winds were reported to be blowing 30 miles an hour at the time of the accident. Another tribal fishing boat reportedly sank on Thursday, but those fishermen luckily escaped injury.

Contact Information
Stacey & Jacobsen, PLLC Seattle, Washington
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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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