Maritime Injury Law Blog

Published on: August 27, 2009

Coast Guard Rescues Two From Grounded Vessel In San Juan Islands

The Coast Guard has reported that on August 11, 2009 at approximately 11:00 p.m. the 87 foot Coast Guard Patrol Boat SEA LION was near Sucia Island State Park when it came across the 30 foot wooden recreational boat GYPSY grounded on some rocks. The Coast Guard station in Bellingham, WA dispatched a smaller cutter to rescue the owner and his passenger. No injuries have been reported.

According to the Coast Guard, the GYPSY was known to have 50 gallons of diesel fuel on board but no pollution has been identified.

Published on: August 27, 2009

Coast Guard Saves Six From Capsized Vessel

by Stacey & Jacobsen, PLLC

The Coast Guard has reported that it has rescued six people from a recreational vessel that capsized in the Gulf of Mexico. Acoording to Coast Guard reports, the body of a seventh person was located in the pilot house of the vessel and turned over to authorities for identification and notification to next of kin.

The Coast Guard stated that it received a report at 3:30 p.m. from the captain of the vessel the FIGHTING CHICKEN, a 21 foot offshore supply vessel, that the recreational vessel had capsized. The Coast Guard immediately dispatched the 87 foot cutter COHO, an MH-65C Dolphin rescue helicopter, and an HC-144 Ocean Sentry rescue plane to assist in a search and rescue.

The FIGHTING CHICKEN rescued four of the people and turned them over to the COHO. The Coast Guard Helicopter rescued two additional people found on a nearby oil rig. The condition of the survivors is unknown.

Published on: August 7, 2009

Coast Guard Rescues Five From Wall Collision

by Stacey & Jacobsen, PLLC

The United States Coast Guard rescued five people after their boat hit a breakwall in Milwaukee late Sunday night. The vessel was traveling at McKinley Marina when they struck the wall at 20 mph. When the Coast Guard arrived, three women and one man were holding on to the bow of the vessel. The other passenger was floating unconscious about ten feet away from the vessel. All were taken by the marina’s emergency medical services to two different hospitals to treat the various degrees of injuries. They were not wearing life jackets.
The law office of Beard Stacey Trueb & Jacobsen, PLLC urges all mariners to use extreme caution when boating at night and to wear all proper safety equipment, especially life jackets. The maritime lawyers at Stacey & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at www.atsealawyer.com.

Published on: August 6, 2009

Body Found in Search Area for Missing Passenger

by Stacey & Jacobsen, PLLC

A body has been found in the search area for the cruise line passenger who went missing aboard Holland America’s Zaandam cruise ship on Monday. The body was taken to Juneau for positive identification. The individual who went missing, 45-year-old Amber Malkuch of Washington State, is believed to have fallen overboard somewhere between Douglas Island and Glacier Bay National Park in Alaska. The woman ordered room service at midnight, when the vessel was near Douglas Island, but was reported missing by a friend at 10 a.m. the next morning when the vessel was at Glacier Bay National Park. The United States Coast Guard was immediately called and dispatched to the area; however the search to find the woman was not immediately successful. The water temperature where the woman would have fallen overboard was 57 degrees at the time of the search. The Coast Guard will continue its search for the woman until a positive identification has been made. The police will review footage from the ship’s security cameras to better understand what occurred. Chief Petty Officer Dana Warr said there were no immediate signs of foul play.
The maritime lawyers at Beard Stacey Trueb & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at www.atsealawyer.com.

Published on: August 6, 2009

Coast Guard Searching for Man Overboard

by Stacey & Jacobsen, PLLC

The United States Coast Guard is searching for a 31-year old fisherman who fell overboard on Friday, July 31 in Togiak Bay, Alaska. The fisherman, Benjamin Symmes, was working aboard a 28-foot fishing vessel, the Miss Colleen, when he fell overboard approximately one half mile off Anchor Point in Togiak Bay. He was last seen aboard the Miss Colleen at 9:45 p.m. wearing a bright orange rain suit. The Coast Guard was immediately called and dispatched a search party, however was unsuccessful in retrieving Mr. Symmes after searching Friday night and Saturday morning. The Miss Colleen is homeported in Metlakatla, Alaska.
The maritime lawyers at Beard Stacey Trueb & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Published on: August 5, 2009

Negligent Ship Pilot to Serve Ten Months for Bridge Collision and Oil Spill

by Stacey & Jacobsen, PLLC

Captain John Joseph Cota was sentenced to ten months in federal prison after he caused the Cosco Busan, a 900-ft container ship to collide with the San Francisco Bay Bridge. This collision discharged approximately 53,000 gallons of oil into San Francisco Bay, killing 2,400 birds of about 50 species, temporarily closing a fishery, and delaying the start of the crab-fishing season. According to prosecutors, Cota was “guilty of far more than a mere slip-up or an otherwise innocuous mistake that yielded unforeseeably grave damage. Rather, he made a series of intentional and negligent acts and omissions…”

Cota’s first mistake was departing in extreme fog. According to prosecutors the fog was so thick the bow of the vessel was not visible from the bridge. Regardless of the limited visibility, Cota continued on with his voyage. Furthermore, the vessel did not have a properly functioning radar. However, Cota did not notify the master or the United States Coast Guard that a piece of safety equipment was needed. Neither Cota nor any crewmember consulted the ship’s official navigations chart or take a single positional fix despite the lack of visibility. Finally, Cota did not disclose his medical conditions and prescription drug use on the required paperwork for the Coast Guard. Cota’s vessel eventually collided with the San Francisco Bridge after Cota was “confused regarding the operation of the electronic chart system upon which he chose to rely including the meaning of two red triangles that marked buoys marking the tower of the bridge that he eventually hit.”

The damage to the bridge, vessel and the economic impact to individuals was tens of millions of dollars. The clean-up cost for the bay exceeded $70 million. Numerous Brown Pelicans and Marbled Murrelets, two birds currently on the endangered species, were also killed because of Cota’s negligence. U.S. Attorney Joseph P. Russoniello hopes the court’s sentence of Cota will serve as “a deterrent to shipping companies and mariners who think violating the environmental laws that protect the waterways will go undetected or unpunished.”

Published on: August 4, 2009

Ferry Workers Receive $1.1M for Toxic Voyage

by Stacey & Jacobsen, PLLC

Three Washington State Ferry workers were awarded a combined verdict of $1.1M for lung damage resulting from cleaning products and lack of instructions from the Washington State Ferries. The three workers, Tammy Brazeau, Alex Johnson and Natette Lewis, were cleaning a restroom with a substance called Hi ‘N Dry as well as bleach without the supervision or direction of a superior. The two substances came into contact, causing an eruption of white chlorine gas that caused respiratory irritation in the three workers. Brazeau, Johnson, and Lewis were all exposed to the gas, resulting in lung damage and respiratory conditions such as dyspnea, asthma, chronic rhinitis, rhinorrhea, pneumonia, allergies and acute bronchitis. Brazeau further claimed to suffer from depression and nightmares because of her injuries.
The three filed a lawsuit against the State of Washington, claiming that the vessel was unseaworthy and the State was negligent by failing to provide adequate instruction or direction in using the chemicals. In a response, the State claimed all safety requirements had been met and the workers were properly warned about the cleaning chemicals. According to the State, the bleach label indicated that it should not be mixed with other chemicals and that the State had conducted chemical hazard training for all employees. The court, however, sided with the plaintiffs, rendering separate judgments for each of the workers. The judgments totaled over $1.1M.
The law office of Beard Stacey Trueb & Jacobsen, PLLC has successfully held employers accountable in numerous Jones Act cases, including cases involving the Washington State Ferries. The maritime lawyers at Stacey & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at www.atsealawyer.com.

Published on: July 29, 2009

Two Swimmers Drown After Boat Drifts Away

by Stacey & Jacobsen, PLLC

The bodies of two swimmers, a 57-year old male and his 13 year-old nephew, have been recovered from Lake St. Clair near Detroit, Michigan on Tuesday. Macomb County Sheriff Mark Hackel reported that the two had jumped into the water to go swimming with a 31-year old relative. Their pontoon boat, however, drifted away a significant distance with a 73-year old woman aboard. Rescue crews were able to rescue the 31-year old male, however were unable to locate either the 57-year old or the 13-year old. Hackel did not specify whether they were wearing life jackets.
The law office of Beard Stacey Trueb & Jacobsen, PLLC strongly urges all those on a boat, whether professionally or for pleasure, to wear the proper safety equipment. This equipment will help save your life should an accident such as this occur. The maritime lawyers at Stacey & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Published on: July 29, 2009

Crabber Missing After Falling Overboard

by Stacey & Jacobsen, PLLC

The United States Coast Guard is looking for a 31-year old man who fell overboard early Tuesday morning near Elizabeth City, North Carolina. The individual, whose name has not been released, was working aboard a crabbing vessel about two miles south of Frog Island in Albemarle Sound when he fell overboard. Coast Guard officials report that the man was climbing on crab pots on the vessel’s deck when he fell in. The vessel’s captain immediately stopped and anchored the vessel, however was not able to locate the crabber because he did not resurface. A Good Samaritan who was nearby called the Coast Guard at 9:10 a.m. to report the crabber had fallen overboard. A Coast Guard helicopter crew from Air Station Elizabeth City and a rescue boat crew from Station Elizabeth City were immediately dispatched to begin searching for the man. The crabber was not wearing a life jacket and is reportedly unable to swim.
The law office of Beard Stacey Trueb & Jacobsen, PLLC strongly urges all mariners to wear the proper safety equipment while working aboard a vessel. This equipment will significantly help save your life should an accident such as this occur. The maritime lawyers at Stacey & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Published on: July 27, 2009

Injured Fisherman Airlifted Near Beach Haven

by Stacey & Jacobsen, PLLC

The United States Coast Guard airlifted a fisherman who sustained a bad cut on a fishing vessel off the coast of Beach Haven, New Jersey on Sunday. The injured fisherman is a 22-year-old mariner who was working aboard the Captain Bob, which was operating 110 miles east of Beach Haven, when the injury was sustained. Both the individual’s name and the cause of injury have not been reported, however the fisherman did sustain a long serious cut below his elbow across the width of his arm. The individual was airlifted to AtlantiCare Regional Medical Center for treatment.
The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.