Boat on the sea
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The ISLAND WIND, a 65 foot tug boat owned by Island Tug and Barge has sunk at a Seattle dock along the Duwamish River. The vessel reportedly became lodged beneath the dock at low tide causing the vessel to flood as the tide rose. Such sinkings are usually caused by improper mooring of the vessel. The ISLAND WIND had 6,000 gallons of diesel fuel on board and 400 gallons of lube oil. Salvage and pollution containment operations are underway. The accident is hoped to have minimal impact on the environment. The tug was apparently unmanned at the time of the accident.

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Three crewmen have been rescued from a dredge taking on water near the Quillayute River near La Push, Washington. The dredge, “Bar Fly,” reportedly got hung up on its anchor and began taking on water, causing the crew to radio the Coast Guard for help. The dredge sank in ten feet of water, and salvage and efforts to limit environmental damage are underway. There were no reported injuries in the accident.

In a recent decision by the United States Supreme Court, crewmen aboard dredges such as the Bar Fly have been declared to be Jones Act seamen and covered by Federal Maritime Law. Maritime employers owe dredge workers a safe place to work and a seaworthy vessel. In almost all accidents such as this one, the accident is preventable if proper safety procedures are followed.

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The tugboat J.R. Nichols has sunk in the Houston Shipping Channel. The 56-foot tugboat had a crew of five aboard at the time of the sinking. Four of the five crewmen survived the sinking, but the fifth crewman died in the accident. Salvage efforts have raised the J.R. Nichols, and an investigation is underway into the cause of the sinking. The tugboat is reportedly owned by Kinder Morgan.

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The state-of-the-art, 207-foot-long tuna vessel, Sea Fox, is reporting a man missing overboard near American Samoa. The crewman was last seen aboard the vessel on Thursday. The Coast Guard and Sea Fox crew are conducting air searches for the missing man. It is not known whether the crewman was wearing a life vest or flotation device. Records indicate the Sea Fox is managed by South Pacific Tuna Corporation and United States Tuna Management Company, home-based in San Diego, California.

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The Willamette Queen, an 87-foot-long sightseeing sternwheeler, has run aground near Oregon City. The incident happened around 5:30 P.M. on Sunday. There were no reported injuries to the 80 passengers on board the vessel. Two Coast Guard vessels and a tug responded to the accident and were able to free the Willamette Queen and tow it to Willamette Park in Portland.

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The 70-foot tugboat, Gentry B, has collided with a bridge on the Ohio River. The cause of why the tugboat, which was pushing three loaded grain barges, collided with the bridge is under investigation by the Coast Guard. One crewman was reported injured in the accident. The Day Park Bridge was briefly shut down as a result of the accident. Inspectors and accident investigators form the Coast Guard and Kentucy Department of Transportation have since reopened the bridge to automobile traffic.

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A crewman from the 792 foot containership CAP GILBERT has been reported as having fallen overboard and is missing 450 miles south of Adak Island, Alaska. The Liberian flagged CAP GILBERT was enroute from China to Mexico when the crewman fell into seas estimated at 20 feet. The vessel contacted the United States Coast Guard to assist in the search for the missing 26 year old crewman from Burma. The Coast Guard search has been suspended after searching nearly 900 square miles with no sign of the missing crewman.

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A small Beechcraft aircraft carrying two passengers is reported to have crashed into the water near Sand Point, Alaska. A debris field has been located, but the passengers of the plane have not been located. Coast Guard vessels and helicopters are actively searching the area for possible survivors. The circumstances of the crash are unknown and under investigation.

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Three fishermen have been rescued from a sinking fishing vessel near Kodiak Island. The crewmen aboard the fishing vessel, Butterfly, reported their vessel was taking on water and their pumps were unable to keep up with the flooding. A nearby fishing vessel, the Tempest, came to the rescue of the sinking vessel’s crew. The Coast Guard lowered additional pumps to the Butterfly, and the Tempest was able to tow the vessel to Old Harbor on Kodiak Island. The cause of the flooding is still under investigation.

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American Seafoods has been ordered to produce the Northern Hawk for inspection by an injured seaman. The matter arises out of a plate freezer accident on board the Northern Hawk in 2008. American Seafoods had refused to allow the inspection unless the injured seaman first agreed to have his deposition taken. Under Washington Court rules there is no priority given to a vessel owner permitting them to take a deposition prior to responding to discovery requests. In this case, the injured seaman had been seeking to inspect the vessel for many months prior to American Seafoods requesting the crewman’s deposition. The Court ordered American Seafoods to produce the Northern Hawk at a mutually agreeable time prior to the vessel departing for 2010 Pollock season, and that the seaman’s deposition was to be conducted only after the vessel inspection. The Court further held that the seaman and his legal experts did not need to sign liability waivers as a condition of inspecting the vessels. American Seafoods will be required to operate and allow measurement of the plate freezer and the plate freezer controls during the inspection. The seaman will be required to reimburse American Seafoods sixty dollars for operating the plate freezers during the vessel inspection. The seaman was represented by Beard Stacey & Jacobsen. The case is Sanchez v. American Seafoods, King County Cause No. 09-2-12715-8-SEA.

In cases involving serious personal injury, the inspection of the vessel by experts selected by the injured seaman’s lawyers is a critical piece of the process of evidence gathering. It is important that all machinery be operational at the time of the inspection and that the accident site be fully photographed and videotaped. What type of experts conduct the inspection is dependent upon the type of equipment and injuries involved. It is important to document the accident site before changes are made to the ship’s equipment involved in the accident.

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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