Maritime Law Blog brought to you by Clark & Watson. We are Jacksonville Florida Maritime Lawyers. If you have a maritime legal question or have been injured on the water call us for a free consultation at 904-346-1400 or email us at info@lawboat.com. Our web home page is www.LawBoat.com
Monday, December 29, 2008
Missing woman’s husband acted odd, passengers say
At 8 p.m. on Christmas night, a surveillance camera on a Caribbean cruise ship captured the image of a woman in a bathrobe falling over the railing. Two days later, her husband accepted condolences from a fellow passenger and announced his immediate plans — a trip to the ship’s casino.The husband, identified as Ray Seitz of central Florida, had reported his wife missing around 4 a.m. Friday, eight hours after the camera recorded the image of the woman identified as his wife, 36-year-old Jennifer Seitz. No announcement was ever made to other passengers, and the ship continued on its way as if nothing had happened, according to Jim and Suzanne Nestor, who talked about the incident with TODAY’s Lester Holt Monday in New York.
Saturday, December 27, 2008
Former Texas Seaman Files Jones Act Suit
"Jones Act Lawsuit against Diamond Offshore Services Company"
A worker from Dewitt County has filed a Jones Act lawsuit against a maritime company in Galveston, Texas County District Court, claiming he sustained serious injuries while on the job. Richard Dean Dewitt alleges his employer, Diamond Offshore Services Company, failed to protect his safety while he worked on the Ocean Clipper.
According to the lawsuit, Diamond Offshore violated the Jones Act and U.S. Maritime law, and did not ensure a safe environment for its workers.
Thursday, December 11, 2008
Jones Act suit blames Weeks Marine for seaman's fall - negligence and unseaworthiness
GALVESTON - A local seaman blames his employer for a fall he suffered on the job three months ago, recent court documents say.
Isidro Perales Madrigal's personal injury lawsuit against Weeks Marine Inc. alleges the defendant neglected to assure the plaintiff's safety as he worked on a company-owned vessel on Sept. 14.
The suit was filed by attorneys from Clark, Dean & Burnett GP on Dec. 9 in Galveston County District Court.
Galveston County 212nd District Court Judge Susan Criss is presiding over the case.
It states Madrigal was climbing down a ladder between the unnamed ship's booster and turntable barges when he reportedly took a spill.
"The plaintiff was injured when the ladder he was climbing down slipped, causing the plaintiff to fall into the water with the ladder," the complaint says. "This incident was caused by the negligence of the defendant and those for whom it is liable."
The suit also accuses Weeks of failing to keep the vessel in proper working order, which is a violation of the Jones Act.
"The defendant's vessel was unseaworthy because it was not reasonably fit for its intended purpose and such unseaworthiness was a proximate cause of the plaintiff's damages," it says.
Madrigal says he sustained serious and disabling injuries to his right knee and back as a result of the incident.
The plaintiff adds he experienced losses of earnings and household services as well as great physical pain and mental anguish.
"(Madrigal) has suffered loss of enjoyment of life as a result of the injuries incurred," the suit says.
Consequently, he seeks damages to cover medical and hospital expenses.
"The defendant is also liable to the plaintiff for payment of maintenance and cure until such time as the plaintiff reaches maximum medical improvement," the suit says.
Friday, November 21, 2008
Late-night fun turns deadly on Fox River - Boating Accident Kills 3 - Posted by Jacksonville Florida Maritime Lawyers
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Monday, November 03, 2008
N.C. tourist dies in Florida Keys diving accident
KEY LARGO -- A 51-year-old woman from North Carolina died Thursday after diving at French Reef, about 4 ½ miles off Key Largo in the Atlantic Ocean.
Joanne Page was pronounced dead on the scene.
Her boyfriend, Eugene Jackson of Salisbury, N.C., gave Monroe County Sheriff's Office and Florida Fish & Wildlife Conservation Commission officers this account:
Friday, October 31, 2008
FWB official's daughter injured in fatal sailing accident
FORT WALTON BEACH - A woman is on her way home after fighting for her life following a boating accident that killed one person and injured three others, including herself.
Tracy Garvie, co-owner of GLC Construction and daughter of Fort Walton Beach City Councilman Bill Garvie, was on a sailboat about 100 miles southeast of Atlantic City, N.J., when what may have been a rogue wave overturned the 44-foot boat. The three sailors had to bail water from the sinking vessel for 12 hours before they were rescued.
One of the sailors, 65-year-old Phil Rubright of Detroit, drowned after a failed rescue attempt that also injured a Coast Guard swimmer.
Wednesday, October 29, 2008
Thursday, October 23, 2008
Mel Oliver Tug pilot testifies in Miss. River crash hearing
NEW ORLEANS (AP) — An improperly licensed and overworked towboat pilot said Tuesday that radar and steering lever problems led him to veer his tug into the path of a tanker along the Mississippi River, leading to a crash and oil spill that shut the major waterway for days.
During a Coast Guard fact-gathering hearing into the July 23 collision, John Paul Bavaret II said his towboat, the Mel Oliver, got in the way of a southbound Liberian tanker ship because he became distracted by a malfunctioning radar.
Airboat captain cited in sinking - Udate on Story
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Friday, October 17, 2008
Attorneys probe lack of oversight of towboat industry
A Coast Guard investigation of a July oil spill took a philosophical turn Thursday when an attorney for the ship involved in the accident criticized lax government oversight of the towboat industry.Michael Butterworth, who represents the ship Tintomara, told Coast Guard investigating officer Melissa Harper that the agency needs a regular inspection program for towboats. The comment came after Harper stopped several witnesses from answering Butterworth's questions about the lack of supervision of the towboat industry.
Tuesday, October 14, 2008
Maritime Law - What is it? One lawyer answers...
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Five years later, Staten Island ferry crash victim standing tall
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Friday, October 10, 2008
Pilot: Towboat erratic before Miss. River spill
NEW ORLEANS (AP) — A towboat was so erratic it appeared its operator "had had a stroke" as it pushed a barge into the path of a tanker before a collision that shut a major shipping waterway over the summer, the tanker's pilot testified Thursday.The tanker ran over the barge in July, causing the barge's fuel tank to rupture and spill about 276,000 gallons of oil into the Mississippi River in New Orleans. The collision closed the river for six days.
Bodies of US reps' brother, his girlfriend found
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Thursday, October 09, 2008
US loses Jones Act case
A federal court in Virginia has handed the Shipbuilders Council of America its second victory this year in cases it brought against the Coast Guard for allowing major work on Jones Act ships to be done at foreign shipyards.
Matthew Paxton, SCA president, said Tuesday that District Judge T.S. Ellis of the U.S. District Court for the Eastern District of Virginia had issued an order Sept. 30 in favor of the organization, which had sued over the conversion of a Matson container ship to a combination container-car carrier vessel at a yard in China.
Fishing boat accident spurs indictment
A crew member aboard a commercial fishing boat that sank off the Manasquan Inlet was indicted yesterday on charges he illegally discharged diesel fuel into the Atlantic Ocean. The indictment charged Keith Rose, 46, of Wellfleet, Mass., with one count of violating the state's Water Pollution Control Act in the July 2 crash that resulted in the sinking of the Susan II, state Attor ney General Anne Milgram said.
Tuesday, October 07, 2008
Saturday, October 04, 2008
Thursday, October 02, 2008
Wednesday, September 24, 2008
Barge Accident Victim Denied Jones Act Claim - No Seaman's Status
This legal analysis is from Missouri Personal Injury Lawyer Blog. The blog post is on seaman's status.
Thursday, September 11, 2008
Coast Guard Hearing Continues on Mel Oliver Collision in New Orleans
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Wednesday, September 10, 2008
Disney motto helped dad, autistic son survive at sea
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Obama pledges Jones Act support
September 8, 2008
Obama pledges Jones Act support
Democratic Party presidential nominee Senator Barack Obama has given a clear and unambiguous commitment to the Jones Act, the Maritime Security Program and U.S. Cargo Preference laws.
It comes in the form of a letter to Michael Sacco, President of the Seafarers International Union which has endorsed Senator Obama for President.
In his letter, Senator Obama says "America needs a strong and vibrant U.S.-Flag Merchant Marine. That is why you and your members can continue to count on me to support the Jones Act (which also includes the Passenger Vessel Services Act) and the continued exclusion of maritime services in international trade agreements ..."
"To make sure our Armed Forces have the equipment and ammunition they need at the time the materiel are required, my Administration will solidly support the continuation of the Maritime Security Program ..."
"A strong U.S.-Flag commercial fleet needs our nation's Cargo Preference laws. Whether it is carrying needed goods to those overseas in distress or moving government-generated cargo, American Mariners aboard American ships make sure the job is done."
You can read the letter HERE
Friday, September 05, 2008
Deceased worker's family files asbestos, Jones Act suit against 13 companies
At the age of 75, George Greer, Sr. allegedly died from mesothelioma. His family is holding more than a dozen companies accountable for his exposure to asbestos and death and has filed a suit on his behalf.
As the representative of Greer's estate, Rosia Greer filed the suit against Chevron USA and 12 other companies in Jefferson County District Court on Aug. 28.
Court documents show that Greer was employed by various defendant companies from 1960 through the 1980s. He also worked as a seaman during that time span, allowing his family to sue under the Jones Act.
"During the period of his employment by the Defendants, Decedent was exposed to asbestos and/or asbestos-containing products and, as a result, he has sustained severe and permanent personal injuries and damages in the form of mesothelioma, a disease from which he died from," the suit says.
Tuesday, August 05, 2008
Tugboat Was Warned Before Collision
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Thursday, July 31, 2008
Seamen infected with MRSA sue ship owners for $2 million Under Jones Act
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Anniversary of "The Vessel of Death" - Also, Jury to be seated in Oct. 15, 2003 Staten Island Ferry Case
On a warm summer day much like this one 137 years ago today, more than 200 people boarded the Staten Island ferryboat Westfield at South Ferry in Manhattan. Many of them walked through to the bow of the ship, to enjoy the scenery and try to catch a cool breeze on the way to Staten Island. Underneath the spot where they stood, just as the ship was about to leave its slip, the ship's boiler suddenly exploded, blowing a hole through the ship's wooden frame. The horrific destruction and severity of the injuries that killed more than 125 passengers and wounded dozens more created a scene described by the New York Times as "one of the most ghastly in human annals."
As an interesting historical footnote, among the injured passengers was Antonio Meucci, credited as being the "real" inventor of the telephone. As the story goes, Meucci was severely burned in the Westfield explosion, and as he was recovering from his injuries, his wife sold his original telephone prototype, along with models of other inventions, for $6, to ease the couple's dire financial situation. He was never able to afford a patent, and Alexander Graham Bell was subsequently credited with the telephone's invention.
The Westfield explosion on July 30, 1871, still stands as the worst disaster in Staten Island Ferry history.
Meanwhile, in a more recent ferry tragedy, jury selection is set to begin next week for personal injury suits against the city stemming from the deadly Staten Island Ferry crash of Oct. 15, 2003, which killed 11 passengers and maimed others.
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Seaman claims poor lighting caused fall, files Jones Act suit
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Tuesday, July 29, 2008
Matson, Horizon in antitrust lawsuit
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Friday, July 25, 2008
Wednesday, July 23, 2008
Tanker collides with barge loaded with fuel oil; 419,000 gallons spilled
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Monday, July 21, 2008
After Quick Activation of Locating Device, Kauai Fishermen Saved by Coast Guard
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Friday, July 18, 2008
Felicia Bell Brookins - Shot At Crowley Maritime Talleyrand Terminal; Suspect Barricaded On Northside
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Crews At Jaxport Move Pieces Of Massive Yacht
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Thursday, July 17, 2008
Cynthia Woods Fatal Capsize
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Pilot files Jones Act suit for injury during boat transfer
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Tuesday, July 15, 2008
Ghost ship wrecks Bali surfing contest
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Monday, July 14, 2008
5-year-old drowns near Rainier
How the boy fell into the river remains unclear. Bystanders said they heard the boy was either riding on the back of a Jet Ski or being towed on a float behind a Jet Ski when he fell into the water. The boy was at the beach with some family members, said Columbia County Sheriff’s Deputy Troy Caldwell, who refused to release the child’s name or any other information.
Diver Working on Barge Brings Lawsuit under Jones Act
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Thursday, July 10, 2008
Seaman files Jones Act suit after back injury on ship
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Monday, July 07, 2008
Anthony Tufo - Court officer is lost in fall from boat
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Thursday, July 03, 2008
Rick Tatum - Golf course director dies in boating accident
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Mathews man awarded $6 million in Jones Act injury lawsuit
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Wednesday, July 02, 2008
NTSB CHAIRMAN REMINDS AMERICANS TO KEEP EYES ON SAFETY THIS JULY 4
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North Florida Shipyards goes to court in Jacksonville Florida
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Tuesday, July 01, 2008
Seaman sues four defendants in Jones Act case
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Monday, June 30, 2008
Alaska Ranger - Fishing company seeks to limit liability
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Sunday, June 29, 2008
Saturday, June 28, 2008
Friday, June 27, 2008
Safety and risk - And Lawyers?? -Roger Stone's wife Sues Boat Manufacturer for Defects in Boat
IT began as a tale of seamanship, survival and sacrifice. On the night of June 6, the keel separated from the hull of a racing sloop owned by Texas A&M University at Galveston, capsizing the boat. After helping two students escape from the flooded cabin, A&M safety officer Roger Stone drowned. Four students and another safety officer were rescued after floating 26 hours at sea.
Now the tale continues. The main characters will be Coast Guard officials, naval architects, insurers and, inevitably, lawyers.
This is an up date story on a lawsuit brought by the family of Roger Stone for alleged defects in the boat:
Wednesday, June 25, 2008
Man Run Over by Boat
Cameras caught a small boat with no one at the wheel spinning out of control in the waters off Crescent Beach.
"That boat's been going for about a good mile,” said one beachgoer. “It's been doing circles.”
Tuesday, June 24, 2008
Divers plan to enter capsized Philippine ferry
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Monday, June 23, 2008
Personal watercrafts rentals on the Gulf Coast
Renting a personal watercraft on vacation but visitors should be aware of the rules rental companies must follow as well as any policies particular to the area.
For those below the age of 22, it might be difficult to find a company that will rent to you at all because of the safety hazard.
Wednesday, June 11, 2008
Death at Sea-What Consumers Of Cruise Lines Need To Know (Part Two)
This is a Injury Board Article by Jane Akre:
The Bryce family believes dehydration triggered Don's heart attack and that a visit by the doctor and some IV fluids might have saved his life.
Instead he died on the floor of Don and Marlene's Holland America, MS Rotterdam cabin, number 2629. Two minutes later the doctor arrived. (See Previous Story-Part One).
Tuesday, June 10, 2008
Surrounded by sea, sailors kept afloat with hope
GALVESTON, Texas (AP) — As night slid into day and back into night, and reef fish nibbled at their skin and the Gulf of Mexico roiled around them, the five survivors of the sinking of the Cynthia Woods sailboat kept talking.
Steve Conway, a retired Coast Guard commander and one of the sailboat's safety officers, told some of the sea stories he's famous for, careful to avoid "ones that involve utter calamity."
Then, he told reporters Monday, he detailed the protocol for Coast Guard rescues, giving the four Texas A&M students floating alongside him in the Gulf a timeline for the help they were certain would eventually come.
Those stories, that steadfast belief that they would be rescued and the jokes the five sailors tossed around as they bobbed more than 20 miles offshore kept their spirits and hopes up during 26 hours at sea.
Tuesday, May 27, 2008
Peer Steenburg - Missing at Sea - Coast Guard calls off search
MIAMI - Coast Guard search and rescue coordinators at Sector Miami suspended search efforts for Peer Steenburg, the master of the 36-foot sailing vessel Holo Ki Ki, Sunday night.Crews from the Coast Guard Cutter Bluefin, two HH-65 Dolphin helicopter aircrews from Air Station Miami, a HH-60 Jayhawk helicopter crew from Air Station Clearwater deployed in support of Operations Bahamas Turks and Caicos (OPBAT), a C-130 Hercules fixed wing aircraft crew from Air Station Clearwater, an HH-65 helicopter crew from the Royal English Airship Lars Bay and crews from the Bahamas Air Sea Rescue Association exhausted a 628 square mile search area since Steenburg was reported unaccounted for at 9:30 a.m. Sunday.
Monday, May 12, 2008
Jacksonville Florida Boating / Jet Ski collision - Victim George Rosborough identified
Boating accident victim identified
Posted: Monday, May 12th, 2008 at 12:16 pm
The 19-year-old killed Saturday in a boating accident in Durbin Creek has been identified as George Rosborough of Jacksonville.
He was driving a personal watercraft with his girlfriend on board, 18-year-old Kimberly Anaheim, when they collided with a jet boat in a narrow bend near in northern St. Johns County, according to Florida Fish and Wildlife Conservation Commission. Anaheim suffered serious injuries and was listed in critical condition.
Kyle J. Broberg, 18, and his two passengers in the jet boat were not injured. They were all traveling together, the commission said.
Thursday, April 24, 2008
Tuesday, March 25, 2008
Hong Kong rescuers to enter sunken boat with 18 Ukrainians on board
Hong Kong - Rescuers were Tuesday hoping to send divers inside a sunken tug boat with 18 Ukrainian sailors trapped on board, three days after it collided with a freighter off Hong Kong. Detailed plans of the Polish-made vessel have been obtained by the rescue team which hopes to be able to send divers in to look for survivors or the bodies of victims.
Hope has virtually disappeared of finding anyone alive in the boat which sank 35 metres to the seabed after colliding with a freighter off Hong Kong on Saturday night.
Divers aided by a large team of rescuers have been swimming to the vessel and rapping on its hull since Sunday morning but have so far detected no signs of life.
Monday, March 17, 2008
Still No Justice For USS Liberty??
Dave Gibson
March 16, 2008
On June 8, 1967, the surveillance ship USS Liberty was on duty in international waters off the Sinai Peninsula, when it was attacked by Israeli forces. Though the ship was clearly marked, Israel claimed the act of war to simply be a case of "mistaken identity." Despite the loss of 34 American sailors, there has never been a meaningful investigation into the attack.
I have read about this incident many times. Any feedback or comments would be welcome. Dwayne
Saturday, March 15, 2008
Intrepid Reliance Tanker - crewman falls and is injured - Galveston Texas Coast Guard Medevacs man for help
HOUSTON - The Coast Guard medevaced a 37-year-old man from a tanker approximately 15 miles south of Galveston, Texas, today.A watchstander at Coast Guard Sector Houston-Galveston received a call at 10:45 a.m. from the captain of the tanker Intrepid Reliance, reporting that a crewmember needed immediate medical attention. The crewmember had fallen from the bridge of the tanker to the main deck, a distance of 43 feet.
The Coast Guard launched an HH-65C Dolphin helicopter crew from Air Station Houston to medevac the man. The rescue helicopter crew arrived at the tanker and hoisted the injured man. At about 12:40 p.m. the helicopter landed at Schole’s Airport in Galveston, Texas, where EMS was waiting to bring the injured man to the University of Texas Medical Branch in Galveston.
Friday, March 14, 2008
Coast Guard Cautions Against Illegal Charter Boats
BALTIMORE - The Coast Guard cautions passengers, who pay to go fishing on the Chesapeake Bay, to avoid boats that do not have licensed captains or has not been inspected by the Coast Guard.The Coast Guard advises passengers to ask boat captains to show their original Coast Guard issued license. If the boat is carrying more than six passengers, it is required to be inspected by the Coast Guard and the Certificate of Inspection should be displayed in an area visible to passengers.
Don't make the mistake of going out with an unlicensed skipper. It may cost you or your family your lives.
Dwayne
Wednesday, March 12, 2008
100 Yard Approach to Naval Vessels
Saturday, March 08, 2008
Patanela - Message in a Bottle - From the Boaters TV - Sailboat sinking mystery
This is a video clip from the Boaters TV about a sailing vessel that sank many years ago. She was the Patanela.
If you have any information about this I am sure the families and friends would appreciate your help.
Dwayne
Tuesday, March 04, 2008
New Coast Guard Boat
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Resolve Towing (Resolve Pioneer) Medical Evacuation Key West by Coast Guard
MIAMI — The Coast Guard medically evacuated a 49-year-old man from the 190-foot motor vessel Resolve Pioneer Monday morning about 13 miles south of Key West, Fla.
Search-and-rescue coordinators at Coast Guard Sector Key West, Fla., received a call from a Resolve Pioneer crewmember at 4 a.m. Monday requesting a medical evacuation for a crewmember who suffered a facial laceration when a towing line parted.
See Coast Guard Video here.
Saturday, February 23, 2008
Atago had 12 minutes to act / Destroyer reportedly spotted fishing boat earlier than stated
A crew member on lookout duty on the Maritime Self-Defense Force Aegis destroyer Atago saw a light believed to be that of a fishing boat 12 minutes before the two vessels collided, it was learned Wednesday.
However, it also was learned that the radar crew of the 7,750-ton Atago did not notice the Seitoku Maru prior to the collision, according to the Defense Ministry.
Friday, February 22, 2008
Five injured in boating accident in Florida
LEE COUNTY: After a boating accident, five men on a business trip from Fort Wayne, Indiana were ejected and all of them had to paddle to shore on a boat's engine hood from the Monroe Channel.The boaters ran into a pole out on the water. Emergency workers say they probably hit the pole because it was not lit.
Officials on the scene added the men actually had to paddle for over two hours, while sitting on top of the engine hatch, just to get back to shore.
Monday, January 28, 2008
Fatal boat accident is a mystery - unlit channel marker
Two men in a boat that slammed into a marker buoy in Victoria's southeast were killed instantly by the force of the crash, Victoria police say.
The impact punched a large hole in the bow of the 5.4 metre runabout, which was taking on water circling under its own throttle when it was found at Lakes Entrance just after midnight, a spokesman said.
Authorities say it is still a mystery how the two men, aged 35 and 36, failed to notice the buoy which was well marked on marine and boating maps.
Unlit channel markers can be very hazardous. Many are not required to be lit. Dwayne
Friday, January 25, 2008
Gasparilla Boaters Beware; Officers Out to Scuttle Drunken Pirates
TAMPA, Fla. - More than 50 law-enforcement officers, including crews from the U.S. Coast Guard, the Florida Fish and Wildlife Conservation Commission (FWC) and the Hillsborough County Sheriff's Department, will partner to keep local waterways safe during the upcoming Gasparilla Day celebration. Law-enforcement officers will provide educational information to boaters, conduct safety inspections afloat and target boaters operating watercraft under the influence of alcohol or drugs.
Keep it clean. Dwayne
Wednesday, January 16, 2008
Coast Guard Charges Tug Captain in McTeer Bridge Allision
From Coast Guard News
CHARLESTON, S.C. - The Coast Guard completed its preliminary investigation into the allision between the crane barge towed by the Sara Kaitlin and the McTeer Bridge near Beaufort, S.C., April 26, 2007.
The Coast Guard charged Captain Wright Gres, the operator of the Sara Kaitlin at the time of the accident, with negligence and misconduct. Specifically, the Coast Guard charged that the Captain: (1) did not take due care to ensure the boom could safely pass beneath the bridge, (2) operated beyond the scope of his license and (3) failed to immediately report the collision, as required by Coast Guard regulations. As part of the settlement agreement approved by an Administrative Law Judge, Gres agreed to a six month suspension of his license and will attend a Coast Guard approved Bridge Resource Management class.
Monday, January 14, 2008
Friday, January 11, 2008
Crown Princess - NTSB: Crew to Blame for Tilting Ship
ORLANDO, Fla. (AP) — Improper training and bad steering by a Princess Cruises ship's second officer caused the vessel to tilt suddenly in 2006, injuring almost 300 people, the National Transportation Safety Board determined Thursday.
The NTSB said the Crown Princess' captain and crew failed to realize how fast they were going in shallow water, which threw the ship off course. The second officer disengaged autopilot to correct it, then steered the wrong way, the board determined
Thursday, January 10, 2008
Jacksonville Officer Nearly Killed in Crash Wins Settlement
By Kristin Smith
First Coast News
JACKSONVILLE, FL -- One of the JSO officers hurt in a Super Bowl boat crash has now reached a settlement with the state.
James Burnet was helping provide security for the game in Jacksonville in 2005.
His boat crashed into concrete pilings along the Fuller Warren bridge, leaving him with a broken neck and severe facial injuries.
Tuesday, January 08, 2008
Iranian Boats Approach USN Ships
BAHRAIN (NNS) -- Following a routine transit through the Strait of Hormuz, Jan. 6, three U.S. Navy ships operating in international waters in the Persian Gulf were approached by five Iranian small boats that demonstrated irresponsible confrontational behavior near the U.S. ships, according to the Navy.
video of incident here: http://abcnews.go.com/Video/playerIndex?id=4104881
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