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Monday, February 22, 2010
Body of Tugboat Crewmember in Houston Ship Channel Accident Recovered
The body of the tugboat worker who had been missing since the vessel sank this week, has been found. The vessel, JR Nichols sank on Wednesday night. There were five workers on board and four were rescued from the water. The fifth crewmember had been missing for a few hours. The next morning, his body was recovered by salvage workers. The Coast Guard says it is continuing its investigation into the sinking of the tugboat.
The vessel was operated by Kinder Morgan
Labels:
cause,
death,
Kinder Morgan,
maritime lawyers in Florida,
negligence,
tug,
tugboat,
unseaworthy
Thursday, February 18, 2010
3 families in fatal boat crash suing Coast Guard
Three Rancho Peñasquitos families involved in a Coast Guard boat crash that killed an 8-year-old boy in December sued the federal government yesterday for wrongful death and negligence, with hopes of making the service overhaul how it operates on San Diego Bay.
Five days before Christmas, Anthony Cole DeWeese was on his family’s 24-foot Sea Ray with 12 others attending the San Diego Bay Parade of Lights when the pleasure craft was hit by a 33-foot Coast Guard vessel rushing to help a grounded boater.
Labels:
boating death,
boating safety,
child,
Coast Guard,
collision,
injured,
lawsuit,
maritime law,
negligence
Friday, February 12, 2010
Boat’s owner convicted in Fremont Canyon crash - Partying Ends Badly on Boat
CASPER — A jury on Thursday found a Casper man guilty of two counts of aggravated assault for his role in a boat accident last spring that left four people seriously injured.
Seth Linaman, 31, was also found guilty of boating under the influence.
The jury of seven men and five women needed roughly two hours to reach a verdict. Linaman, standing with his attorney, showed no emotion when the announcement was made. Deliberations began at roughly 3:45 p.m., following closing arguments by Assistant District Attorney Daniel Itzen and defense attorney Richard Jameison.
Including Linaman, the boat’s owner, there were four people aboard the vessel when it struck a Fremont Canyon wall at Alcova Reservoir on May 16. Everyone aboard suffered severe injuries.
Saturday, February 06, 2010
Seaman hit by sledge hammer plans to settle Jones Act suit
A week before his trial was to start, a Mississippi seaman said he intends to settle his personal injury lawsuit against Rowan Companies.
As the Southeast Texas Record reported in August 2008, Nicky Hutson filed suit against his employer after being bonked on the head with a sledge hammer by a fellow shipmate. He claimed the company negligently failed to supervise its employees.
The trial was slated to begin Feb. 8. However, on Monday, Feb. 1 the parties called the office of presiding Jefferson County Judge Milton Shuffield, 136th Judicial District, and reported that the parties had reached a tentative settlement.
Thursday, January 28, 2010
Life-threatening injuries after Jacksonville boat accident
Three adults and a child were involved in a boating accident Tuesday night at Pottsburg Creek, Jacksonville police said.
The incident occurred at a boat dock in the 500 block of Bayridge Road.
A Jacksonville Fire and Rescue Department spokesman said one person was taken to Shands Jacksonville with life-threatening injuries, but couldn’t provide any other details, citing medical privacy laws.
This is an update. Apparently the injuries were not life threatening.
FWC report.
Tuesday, January 19, 2010
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.
Monday, January 18, 2010
Coast Guard Medevacs seaman from tug - Andy Syska
Coast Guard medically evacuates man from tug boat JACKSONVILLE, Fla. – The Coast Guard medically evacuated a 47-year-old man Sunday night from a 92-foot tug boat near the entrance of the St. Johns River near the Mayport, Fla., jetties.
A Coast Guard Station Mayport 47-foot Motor-Lifeboat crew evacuated Andy Syska, hometown unknown, from the vessel Peggy Winslow. A crewmember aboard the vessel sent a radio distress call to Coast Guard search and rescue coordinators at Sector Jacksonville around 7 p.m. to report Syska suffered a leg injury and was in severe pain.
The Coast Guard crew transported Syska to awaiting EMS at the Mayport boat ramp. Syska was reportedly in fair condition.
Labels:
Andy Syska,
Coast Guard,
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jacksonville,
Mayport,
St. Johns River,
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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)
Saturday, December 19, 2009
East Naples woman injured by boat propeller requests new trial
Naples — A lawyer for an East Naples woman severely injured by a boat propeller a decade ago asked for a new trial Tuesday, citing repeated “shenanigans” and violations by defense attorneys that “poisoned the jury.”
Friday, December 18, 2009
Names of 3 rescued boaters released - One dead
FORT MYERS, Fla. - We have an update on last night's fatal boat accident. Fish and Wildlife tells us a 12-foot vessel was towing a 10-foot vessel in the Caloosahatchee River's choppy water. The operator of the first boat fell in the water after his seat broke. Another passenger fell in after attempting to take control of the boat. The operator ultimately drowned, and was recovered within 100 feet of the accident site at nearby Rat Island. Officials say the accident was alcohol-related.
Labels:
alcohol,
boating accident,
crew injured,
maritime lawyers,
overboard
Tuesday, December 15, 2009
Crowley Maritime Christens New ATB
Seafarers and SIU officials were on hand Oct. 26 in New Orleans to join in celebrating the christening of Crowley Maritime Corporation’s newest articulated tug-barge (ATB) tank vessel, consisting of the 135-foot
tugboat Pride and the 587-foot barge 650-7.SIU New Orleans Port Agent Chris Westbrook and SIU Houston Port Agent Mike Russo attended the ceremony, which took place at Cruise Terminal Number 2.
Labels:
barge,
Crowley Maritime,
Cruise terminal,
seamen,
SIU,
tugboat
Seafarers International Union (SIU) President's Report: Jobs Plan
This from the SIU President:
December 2009 -- Current Issue
Many Seafarers understand both the benefits and the responsibilities that go along with our union’s affiliations to groups like the AFL-CIO, the Maritime Trades Department and the International Transport Workers’ Federation. Belonging to those organizations (and others) helps boost our voice on key issues. It gives us important strength beyond our numbers. It also means we provide grassroots support whenever possible.
Saturday, December 12, 2009
Coast Guard and tour boat collided in Charleston Harbor
Legal news for South Carolina personal injury attorneys. A small Coast Guard boat collided with a catamaran, injuring three people.Personal injury lawyers alert- A tour boat and a Coast Guard boat collision in Charleston Harbor injured three people.
Charleston, SC—A small Coast Guard boat and a commercial catamaran collided in the Charleston Harbor, shortly after the annual Christmas Parade of Boats for unknown reason. The collision injured three people aboard the catamaran, which crashed around 8:30 p.m., as reported by The Post and Courier.
Labels:
Coast Guard,
collision,
crew injured,
injury,
maritime lawyers,
negligence,
passengers
Acadien II victims launch lawsuit
The families of four sealers who died when their fishing boat sank near the Magdalen Islands in March 2008 have filed a $2.7-million lawsuit against the Canadian Coast Guard and the Department of Fisheries and Oceans.
The two survivors of the sinking are also participating in the lawsuit.
The 12-metre trawler L'Acadien II, from the Îles de la Madeleine, Que., was being towed by the Sir William Alexander in the Gulf of St. Lawrence on March 29, 2008, when the fishing boat hit an ice block and capsized off the coast of Cape Breton, N.S.
Piracy Driving Up Shipping Costs - Africa's Dangerous Waters
While almost all the attention on and, hence, resources for combating piracy in African waters have of late been focused almost exclusively on the waters off the Somali coastline (see my most recent report on the "Return of the Somali Pirates"), a bloody attack last week is a reminder that the Gulf of Guinea on the opposite side of Africa can be equally dangerous—if not more so—even if it does not grab headlines with spectacular heists like this week's capture of the Greek supertanker MV Maran Centaurus as it was transporting more than two million barrels of oil destined for the United States.
Labels:
injured,
maritime lawyers,
merchant seaman,
Piracy,
pirates,
seamen,
shipping costs,
ships
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