Curtis v. Valkyrie Fishing Corp.

Filing 1

COMPLAINT against Valkyrie Fishing Corp. (Fee Status: Seaman), filed by Alan Curtis. (Attachments: # 1 Civil Cover Sheet, # 3 Category Form)(Latti, Carolyn) (Attachment 1 replaced on 10/26/2011) (Paine, Matthew).

UNITED STATES DISTRICT COURT
for the
DISTRICT OF MASSACHUSETTS
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V.
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VALKYRIE FISHING CORP.,
)
Defendant
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____________________________________)
ALAN CURTIS,
Plaintiff

Civil Action
No. _________________

PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL

Now comes the Plaintiff in the above-entitled matter and for his complaint states:
General Factual Allegations
1.

The Plaintiff, ALAN CURTIS, is a resident of New Bedford, County of Bristol,

Commonwealth of Massachusetts.
2.

The Defendant, VALKYRIE FISHING CORP., is a corporation, duly organized

and existing under the laws of the State of Massachusetts.
3.

On or about April 21, 2011, the Defendant, VALKYRIE FISHING CORP., was

doing business within the Commonwealth of Massachusetts.
4.

On or about April 21, 2011, the Plaintiff, ALAN CURTIS, was employed by the

Defendant, VALKYRIE FISHING CORP.
5.

On or about April 21, 2011, the Plaintiff, ALAN CURTIS, was employed by the

Defendant, VALKYRIE FISHING CORP., as a seaman, and a member of the crew of the F/V
VALKYRIE.
6.

On or about April 21, 2011, the Defendant, VALKYRIE FISHING CORP., owned

the F/V VALKYRIE.
7.

The Defendant, VALKYRIE FISHING CORP., chartered the F/V VALKYRIE

from some other person or entity such that on or about April 21, 2011, the Defendant,
VALKYRIE FISHING CORP. was the owner pro hac vice of the F/V VALKYRIE.
8.

On or about April 21, 2011, the Defendant, VALKYRIE FISHING CORP.,

operated the F/V VALKYRIE.
9.

On or about April 21, 2011, the Defendant, VALKYRIE FISHING CORP., or the

Defendant's agents, servants, and/or employees, controlled the F/V VALKYRIE.
10.

On or about April 21, 2011, the F/V VALKYRIE was in navigable waters.

11.

On or about April 21, 2011, while in the in the performance of his duties in the

service of the F/V VALKYRIE, the Plaintiff, ALAN CURTIS, sustained personal injuries.
12.

Prior to and at the time he sustained the above-mentioned personal injuries, the

Plaintiff, ALAN CURTIS, was exercising due care.
Jurisdiction
13. This Court has subject matter jurisdiction over this matter pursuant to The Merchant
Marine Act of 1920, commonly called the Jones Act, 46 U.S.C., §30104 et. seq. (formerly §688
et. seq.).
14.

This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C.

§1331 and 28 U.S.C. §1333.

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COUNT I
ALAN CURTIS V. VALKYRIE FISHING CORP.
(JONES ACT NEGLIGENCE)
15.

The Plaintiff, ALAN CURTIS, reiterates the allegations set forth in paragraphs 1

through 14 above.
16.

The personal injuries sustained by the Plaintiff, ALAN CURTIS, were not caused

by any fault on his part but were caused by the negligence of the Defendant, its agents, servants
and/or employees.
17.

As a result of said injuries, the Plaintiff, ALAN CURTIS, has suffered pain of

body and anguish of mind, lost time from his usual work and pursuits, incurred medical
expenses, and has sustained and will sustain other damages as will be shown at trial.
18.

This cause of action is brought under the Merchant Marine Act of 1920,

commonly called the Jones Act.
WHEREFORE, the Plaintiff, ALAN CURTIS, demands judgment against the Defendant,
VALKYRIE FISHING CORP., in an amount to be determined by a jury together with interest
and costs.
COUNT II
ALAN CURTIS V VALKYRIE FISHING CORP.
(GENERAL MARITIME LAW - UNSEAWORTHINESS)
19.

The Plaintiff, ALAN CURTIS, reiterates the allegations set forth in paragraphs 1

through 14 above.
20.

The personal injuries sustained by the Plaintiff, ALAN CURTIS, were due to no

fault of his, but were caused by the Unseaworthiness of the F/V VALKYRIE.

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21.

As a result of said injuries, the Plaintiff, ALAN CURTIS, has suffered pain of

body and anguish of mind, lost time from his usual work and pursuits, incurred medical
expenses, and has sustained and will sustain other damages as will be shown at trial.
22.

This cause of action is brought under the General Maritime Law for

Unseaworthiness and is for the same cause of action as Count I.
WHEREFORE, the Plaintiff, ALAN CURTIS, demands judgment against the Defendant,
VALKYRIE FISHING CORP., in an amount to be determined by a jury together with interest
and costs.
COUNT III
ALAN CURTIS V. VALKYRIE FISHING CORP.
(GENERAL MARITIME LAW - MAINTENANCE and CURE)
23.

The Plaintiff, ALAN CURTIS, reiterates all of the allegations set forth in

Paragraphs 1 through 14 above.
24.

As a result of the personal injuries described in paragraph 11 above, the Plaintiff,

ALAN CURTIS, has incurred and will continue to incur expenses for his maintenance and cure.
WHEREFORE, the Plaintiff, ALAN CURTIS, demands judgment against the Defendant,
VALKYRIE FISHING CORP., in an amount to be determined by a jury for maintenance and
cure, together with costs and interest.

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COUNT IV
ALAN CURTIS V. VALKYRIE FISHING CORP.
(GENERAL MARITIME LAW/JONES ACT - INTENTIONAL/NEGLIGENT
FAILURE TO PROVIDE MAINTENANCE and CURE)
25.

The Plaintiff, ALAN CURTIS, reiterates the allegations set forth in paragraphs 1

through 14 above.
26.

As a result of the personal injuries described in paragraph 11 above, the Plaintiff,

ALAN CURTIS, has incurred and will continue to incur expenses for his maintenance and cure.
27.

The Plaintiff, ALAN CURTIS, has made demand upon the Defendant,

VALKYRIE FISHING CORP., for the provision of maintenance and cure.
28.

The Defendant, VALKYRIE FISHING CORP., has negligently, willfully,

arbitrarily, and/or unreasonably failed to provide the Plaintiff with maintenance and cure in a
timely and adequate manner.
29.

As a result of the Defendant's failure to provide the Plaintiff maintenance and

cure, the Plaintiff has sustained and will continue to sustain damages, including without
limitation, pain of body and anguish of mind, lost time from his usual work and pursuits, medical
and hospital expenses, attorneys fees, and has sustained and will sustain other damages as will be
shown at trial.
WHEREFORE, the Plaintiff, ALAN CURTIS, demands judgment against the
Defendant, VALKYRIE FISHING CORP., in an amount to be determined by a jury as
compensatory damages for failure to pay maintenance and cure, together with costs, interest, and
reasonable attorneys fees.

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PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES
RAISED IN COUNTS, I, II, III AND IV.

Respectfully submitted for
the Plaintiff, ALAN CURTIS,
by his attorney,

/s/ Carolyn M. Latti
CAROLYN M. LATTI, BBO 567394
Latti & Anderson LLP
30-31 Union Wharf
Boston, MA 02109
[phone]
Dated: October 25, 2011

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