Customer accuses boat steering mechanism manufacturer of negligence

Customer accuses boat steering mechanism manufacturer of negligence: CLEARWATER — An Oklahoma man is suing the manufacturer of a boat steering mechanism, alleging product liability.

Crew escapes as towboat burns on Lower Mississippi - Professional Mariner - Web Bulletin 2018

Crew escapes as towboat burns on Lower Mississippi - Professional Mariner - Web Bulletin 2018

Jacksonville Harbor Deepening Underway

Jacksonville Harbor Deepening Underway

Kings Bay dredging, Fernandina Beach renourishment starting soon Sand dredged from Kings Bay to be used at Fernandina Beach

JACKSONVILLE, Fla. - The U.S. Army Corps of Engineers announced start dates on Friday for the upcoming dredging of U.S. Naval Station Kings Bay and a sand placement project at Fernandina Beach. The Corps said the sand dredged from Kings Bay will be used in the Fernandina Beach project, saving about $13.5 million. 

Nassau County residents and visitors will begin seeing construction equipment and dredging pipes on Fernandina Beach around the first week of January in preparation for the next scheduled maintenance dredging of U.S. Naval Station Kings Bay and sand placement at Fernandina Beach, which is scheduled to begin mid-February. 

Dredging St. Johns River

Dredging St. Johns River - Dutra Group

Texas law firm sued for allegedly filing incorrect Jones Act lawsuit

A Mexican national is filing a lawsuit against a Texas law firm for improperly filing a lawsuit against his employer causing his workers' compensation benefits to be terminated. Juan Puga filed suit against The Hastings Law Firm and Tommy R. Hastings on March 3 in federal court in New Orleans. According to the complaint, on Sept. 24, 2008, Puga was employed by Fluid Crane and Construction Inc. as a pipe welder when he was injured off the coast of Louisianan while being transferred from a vessel in a personnel basket. The lawsuit claims that Puga was solicited by the Hastings Law Firm within one week of the accident, while he was still in a Louisiana hospital. When he signed an attorney-client contract, he was receiving compensation benefits from Fluid Crane's carrier in excess of $1,000 per week, plus all medical expenses. The Hastings Law Firm filed a Jones Act lawsuit against Fluid Crane in Brazoria County District Court. The Hastings Law Firm argued that Puga was a Jones Act seaman and as a result, Fluid Crane terminated the compensation benefits and began paying him maintenance at $15 per day. Puga states his employer had no exposure to liability as a result of being his employer and his non-seaman status. He states he attempted to contact the law firm about the loss of his benefits but was unable to receive a reply. He terminated their representation in December 2008.

Seaman seeks $5M for wrongful termination after head injury

GALVESTON - Claiming he was wrongfully terminated after receiving a head injury on the job, a Galveston County seaman is seeking $5 million from his former employer. James Gowdy filed a Jones Act suit against Kinder Morgan Inc. on Jan. 13 in Galveston County District Court. He alleges he was injured on March 24 while working aboard the M/V Audrey. According to the original petition, Gowdy and a co-worker were tightening a mechanical wench when the co-worker lost control of a stainless steel teeter bar. The bar then shot across the deck and struck Gowdy in the head, the lawsuit states. Gowdy claims he recalls nothing after the incident until he woke up five hours later in a Sulphur, La., hospital, the suit says. The suit states that Gowdy sustained contusions and abrasions as well as injuries to his neck, legs and other parts of his body. He says he was unable to maintain his balance after the injury and unable to return to work. Gowdy claims his employment was then terminated. He consequently seeks a jury trial along with the $5 million in damages. The Buzbee Law Firm is representing the plaintiff, and Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.

Mayport shrimp boat Miss Alberta capsizes; 1 dead

Mayport Coast Guard crews were off the coast of Amelia Island today, trying to determine if any pollution was caused by the Monday capsizing of a shrimp boat that killed a crew member.As of Tuesday morning, the Coaast Guard still had not identified the crewman, said Petty Officer 1st Class Christopher Evanson of the Mayport Coast Guard station. The sunken vessel, the 36-foot Miss Alberta, is posing no hazard to navigation for other ships and boats, Evanson said. The shrimp boat’s owner is responsible for removing the underwater wreckage, he said. Shrimper Tony Malone, first mate aboard another shrimp boat, the Joe Bip, said his boat got a distress call about 3 p.m. Monday from the Miss Alberta, which was shrimping nearby, about a half mile from shore. Waves were about 5 feet offshore and winds were coming from the south at 17.5 mph and gusting at 21 mph, according to the National Oceanic and Atmospheric Administration’s weather buoy off the coast of St. Augustine. Malone dove into the water to save the two-member crew. “The boat was already upside down,” he said. He said he found the captain, who he and witnesses identified as Bo King of Mayport, swimming with his dead crew member tethered to him with a rope.

Florida seaman files Jones Act lawsuit against Houston company

9/27/2010 1:36 PM By Michelle Massey, East Texas Bureau A Florida seaman has filed a lawsuit against barge company claiming he was permanently injured. Robert Occhiogrosso filed suit against Maryland Marine Inc., doing business as Higman Barge Lines Inc., on Sept. 16 in the Eastern District of Texas, Beaumont Division. According to the lawsuit, the accident occurred on June 27, 2009, as Occhiogrosso was working as a member of the crew of the Tugboat Annopolis in Houston. He states the vessel's unsafe and unseaworthy conditions caused him to suffer permanent personal injuries to his body. Further, he states the accident was caused by the negligence of the defendant or the defendant's employees. The plaintiff is seeking more than $75,000 in damages for physical pain, mental anguish, loss of earnings, loss of earning capacity, medical expenses, loss of life's pleasures, loss of physical capacity, disfigurement, loss of ability to perform household services, interest and court costs. Occhiogrosso is represented by Harold Eisenman in Houston. Case No. 1:10-cv-00576

Jones Act Repeal Would Hurt Jacksonville Shipping Companies

Sen. John McCain’s proposed repeal of an 80-year-old maritime law could, if passed, shake up Jacksonville’s most entrenched trade lane and endanger three hometown shipping companies dependent on it. McCain, R-Ariz., argues that requiring all goods shipped between the nation’s ports to be transported by U.S.-built ships and sailed by American crews is protectionist and raises prices by excluding foreign competition. Supporters of the Jones Act counter that the law preserves security and the domestic maritime industries. The repeal of the law “would be devastating,” said Fred Schloth, Sea Star Line LLC’s assistant vice president of marketing. “When you look at [shipping] rates to Puerto Rico, they’re already competitive and can’t come down more.” Read more: Jones Act repeal would hurt local shipping firms - Jacksonville Business Journal

Seaman hit by ship 'tugger' sues two captains and a company

Claiming the "tugger" winch he was operating broke free from the vessel's deck and struck him, seaman Jesse Turner filed a Jones Act suit against the ship's owner and two captains. Turner, along with his wife Sonja, filed their suit against Cal Dive International and Captains Allen Brough and Glen Delahoussey on Aug. 16 in Jefferson County District Court. Court papers show Turner was a tension machine operator working aboard the vessel Rider owned by Cal Dive and captained by Brough and Delahoussey. On Aug. 20, 2008, Turner operated the ship's "tugger" winch laying pipeline between Alabama and Mississippi when it "broke free from the deck and slammed into him, causing in injuries," court papers say. "Unbeknownst to plaintiff, the tugger winch used to lay pipeline was improperly fixed to the deck," the suit states. "Cal Dive transported plaintiff ... past several facilities in order to take him to what they termed 'our hospital' in New Orleans." Turner claims the defendants negligently installed the winch and that the vessel was unseaworthy. He claims that two years after the incident he is still unable to return to work and is suing for past and future lost earnings and medical expenses. Huntsville attorney Hans Barcus of the Cantrell, Ray & Barcus law firm is representing him. Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Florida’s Attorney General requests Obama to waive Jones act to hasten oil spill efforts

TALLAHASSEE, FLORIDA (BNO NEWS) – Florida Attorney General Bill McCollum on Friday sent a letter to President Barack Obama, asking for a limited waiver on the Jones Act to hasten the oil spill response and the cleanup efforts. The Jones Act is impeding that the most advanced skimmers and other vessels in the world cannot be used in the oils spill recovery efforts as the law indicated that the transportation of merchandise between U.S. points is reserved for American built, owned, and documented vessels.

Deepwater Horizon owner Transocean seeks liability limit

Transocean, owner of the Deepwater Horizon rig that exploded and sank last month killing 11 and creating a growing oil spill, today got a Houston judge to stay pending cases against the company. U.S. District Judge Keith Ellison today issued an order suspending cases against Transocean because the company filed a request to limit its liability in the lawsuits filed against it to $26.7 million. Lawyers involved in the myriad of lawsuits filed against Transocean, rig leaser BP and others said they expected Transocean would take advantage of the Limitation of Liability Act, a maritime law that allows a vessel owner to limit liability to the value of the vessel and its freight. The law dates back to the mid 1800s when it was passed to protect U.S. vessel owners, eliminating some risk in crisis situations and aiding competition with foreign ships. Guy Cantwell, a spokesman for Transocean, said the company filed this request on instruction from its insurers and to preserve its insurance.

Ship engineer files Jones Act suit in Galveston

GALVESTON - An Alabama seaman is suing his employer for $75,000 for injuries he reportedly sustained on the job. Leslie Vincent Tapia accuses Supreme Offshore Services Inc. of failing to furnish him safe and proper equipment on board the M/V Warren Thomas. "Such a failure to provide proper working equipment proximately caused and resulted in the injuries and damages sustained by the plaintiff," the suit says. Under the Jones Act, the suit was filed Jan. 6 in Galveston County District Court and claims the vessel was not seaworthy. Tapia worked as an engineer on the Warren Thomas.

Juries and the Jones Act

This is from the Supreme of Washington Blog: Endicott v. Icicle Seafoods, Inc., No. 82635-8. The Jones Act is a federal law that allows an injured seaman to sue his employer for negligence. Here, Justin Endicott's arm was crushed by a fish cart aboard Icicle Seafood's ship "Bering Star." He sued in King County Superior Court under the Jones Act and the doctrine of unseaworthiness. The Superior Court allowed Endicott to opt for a bench trial (no jury) and ruled for him on both claims. Icicle appeals on four grounds; the Court today addresses two: the bench trial and an award of prejudgment interest. The decision is unanimous, and the opinion, written by Justice Stephens, includes a summary of the history of the Jones Act. On the jury trial question, the Ninth Circuit and California have held that the Jones Act grants plaintiffs "a substantive federal right to elect the mode of trial," while the Fifth and Seventh Circuits, Louisiana, and California, have found that while the plaintiff can choose "the jurisdictional basis of trial (in admiralty vs. at law) ... jury trial rights flow from this election as procedural incidents." While the trial court adopted the Ninth Circuit position, the State Supreme Court today sides with the Fifth and Seventh Circuits. The Court holds that while the Jones Act grants Endicott the right to bring his case in state court, once he has made that decision, Washington's constitutional right to a jury trial applies. The prejudgment interest award is upheld, but only because it is permitted in a bench trial. The case is remanded for a new trial. (briefs and argument)

Pirates Attack Oil Tanker Off Benin - Seaman Killed on Ship

(RTTNews) - Pirates have attacked a Monrovia-flagged oil tanker off the coast of the West African country of Benin, killing one seaman, officials said Tuesday.According to Benin's naval forces, the attack on the 230-meter long Cancale Star took place some 18 nautical miles off the country's coast. The vessel's chief engineer, a Ukrainian, was killed in the attack, which also left four other crew members injured.