Marote v. F/V OCEAN VIEW, INC. et al

Filing 1

COMPLAINT against All Defendants (Fee Status: Seaman), filed by Wayne Marote. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Affidavit)(Latti, Carolyn)

UNITED STATES DISTRICT COURT
for the
DISTRICT OF MASSACHUSETTS
____________________________________
)
)
)
)
V.
)
)
F/V OCEAN VIEW, INC. AND TMT
)
CLAM DREDGERS, LLC,
)
Defendants
)
____________________________________)
WAYNE MAROTE,
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, WAYNE MAROTE, is a resident of Wakefield, State of Rhode

2.

The Defendant, F/V OCEAN VIEW, INC., is a corporation, duly organized and

Island.

existing under the laws of the State of New Jersey.
3.

The Defendant, TMT CLAM DREDGERS, LLC, is a corporation duly organized

and existing under the laws of the State of New Jersey.
4.

On or about October 2, 2010, the Defendant, F/V OCEAN VIEW, INC., was

doing business within the Commonwealth of Massachusetts.
5.

On or about October 2, 2010, the Defendant, TMT CLAM DREDGERS, LLC,

was doing business within the Commonwealth of Massachusetts.
6.

On or about 2010, the Defendant, F/V OCEAN VIEW, INC., was doing business

within the Commonwealth of Massachusetts.

7.

On or about 2010, the Defendant, TMT CLAM DREDGERS, LLC, was doing

business within the Commonwealth of Massachusetts.
8.

On or about October 2, 2010, the Plaintiff, WAYNE MAROTE, was employed by

the Defendant, F/V OCEAN VIEW, INC.
9.

On or about October 2, 2010, the Plaintiff, WAYNE MAROTE, was employed by

the Defendant, TMT CLAM DREDGERS, LLC.
10.

On or about October 2, 2010, the Plaintiff, WAYNE MAROTE, was employed by

the Defendant, F/V OCEAN VIEW, INC., as a seaman, and a member of the crew of the F/V
ESS PURSUIT.
11.

On or about October 2, 2010, the Plaintiff, WAYNE MAROTE, was employed by

the Defendant, TMT CLAM DREDGERS, LLC, as a seaman and a member of the crew of the
F/V ESS PURSUIT.
12.

On or about October 2, 2010, the Defendant, F/V OCEAN VIEW, INC., owned

the F/V ESS PURSUIT.
13.

On or about October 2, 2010, the Defendant, TMT CLAM DREDGERS, LLC,

owned the F/V ESS PURSUIT.
14.

The Defendant, F/V OCEAN VIEW, INC., chartered the F/V ESS PURSUIT

from some other person or entity such that on or about October 2, 2010, the Defendant, F/V
OCEAN VIEW, INC., was the owner pro hac vice of the F/V ESS PURSUIT.
15.

The Defendant, TMT CLAM DREDGERS, LLC, chartered the F/V ESS

PURSUIT from some other person or entity such that on or about October 2, 2010, the
Defendant, TMT CLAM DREDGERS, LLC, was the owner pro hac vice of the F/V ESS

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PURSUIT.
16.

On or about October 2, 2010, the Defendant, F/V OCEAN VIEW, INC., operated

the F/V ESS PURSUIT.
17.

On or about October 2, 2010, the Defendant, TMT CLAM DREDGERS, LLC,

operated the F/V ESS PURSUIT.
18.

On or about October 2, 2010, the Defendant, F/V OCEAN VIEW, INC., or the

Defendant's agents, servants, and/or employees, controlled the F/V ESS PURSUIT.
19.

On or about October 2, 2010, the Defendant, TMT CLAM DREDGERS, LLC, or

the Defendant’s agents, servants and/or employees, controlled the F/V ESS PURSUIT.
20.

On or about October 2, 2010, the F/V ESS PURSUIT was in navigable waters.

21.

On or about October 2, 2010, while in the in the performance of his duties in the

service of the F/V ESS PURSUIT, the Plaintiff, WAYNE MAROTE, sustained personal injuries.
22.

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

Plaintiff, WAYNE MAROTE, was exercising due care.
Jurisdiction
23. 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.).
24. This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C.
§1331, 28 U.S.C. §1332, and 28 U.S.C. §1333.

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COUNT I
WAYNE MAROTE V. F/V OCEAN VIEW, INC.
(JONES ACT NEGLIGENCE)
25.

The Plaintiff, WAYNE MAROTE, reiterates the allegations set forth in

paragraphs 1 through 24 above.
26.

The personal injuries sustained by the Plaintiff, WAYNE MAROTE, were not

caused by any fault on his part but were caused by the negligence of the Defendant, its agents,
servants and/or employees.
27.

As a result of said injuries, the Plaintiff, WAYNE MAROTE, 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.
28.

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

commonly called the Jones Act.
WHEREFORE, the Plaintiff, WAYNE MAROTE, demands judgment against the
Defendant, F/V OCEAN VIEW, INC., in an amount to be determined by a jury together with
interest and costs.

COUNT II
WAYNE MAROTE V. F/V OCEAN VIEW, INC.
(GENERAL MARITIME LAW - UNSEAWORTHINESS)
29.

The Plaintiff, WAYNE MAROTE, reiterates the allegations set forth in

paragraphs 1 through 24 above.
30.

The personal injuries sustained by the Plaintiff, WAYNE MAROTE, were due to

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no fault of his, but were caused by the Unseaworthiness of the F/V ESS PURSUIT.
31.

As a result of said injuries, the Plaintiff, WAYNE MAROTE, 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.
32.

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, WAYNE MAROTE, demands judgment against the
Defendant, F/V OCEAN VIEW, INC., in an amount to be determined by a jury together with
interest and costs.
COUNT III
WAYNE MAROTE V. F/V OCEAN VIEW, INC.
(GENERAL MARITIME LAW - MAINTENANCE and CURE)
33.

The Plaintiff, WAYNE MAROTE, reiterates all of the allegations set forth in

Paragraphs 1 through 24 above.
34.

As a result of the personal injuries described in paragraph 21 above, the Plaintiff,

WAYNE MAROTE, has incurred and will continue to incur expenses for his maintenance and
cure.
WHEREFORE, the Plaintiff, WAYNE MAROTE, demands judgment against the
Defendant, F/V OCEAN VIEW, INC., in an amount to be determined by a jury for maintenance
and cure, together with costs and interest.

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COUNT IV
WAYNE MAROTE V. TMT CLAM DREDGERS, LLC
(JONES ACT NEGLIGENCE)
35.

The Plaintiff, WAYNE MAROTE, reiterates the allegations set forth in

paragraphs 1 through 24 above.
36.

The personal injuries sustained by the Plaintiff, WAYNE MAROTE, were not

caused by any fault on his part but were caused by the negligence of the Defendant, its agents,
servants and/or employees.
37.

As a result of said injuries, the Plaintiff, WAYNE MAROTE, 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.
38.

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

commonly called the Jones Act.
WHEREFORE, the Plaintiff, WAYNE MAROTE, demands judgment against the
Defendant, TMT CLAM DREDGERS, INC., in an amount to be determined by a jury together
with interest and costs.

COUNT V
WAYNE MAROTE V. TMT CLAM DREDGERS, LLC
(GENERAL MARITIME LAW - UNSEAWORTHINESS)
39.

The Plaintiff, WAYNE MAROTE, reiterates the allegations set forth in

paragraphs 1 through 24 above.

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40.

The personal injuries sustained by the Plaintiff, WAYNE MAROTE, were due to

no fault of his, but were caused by the Unseaworthiness of the F/V ESS PURSUIT.
41.

As a result of said injuries, the Plaintiff, WAYNE MAROTE, 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.
42.

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

Unseaworthiness and is for the same cause of action as Count IV.
WHEREFORE, the Plaintiff, WAYNE MAROTE, demands judgment against the
Defendant, TMT CLAM DREDGERS, LLC, in an amount to be determined by a jury together
with interest and costs.
COUNT VI
WAYNE MAROTE V. TMT CLAM DREDGERS, LLC
(GENERAL MARITIME LAW - MAINTENANCE and CURE)
43.

The Plaintiff, WAYNE MAROTE, reiterates all of the allegations set forth in

Paragraphs 1 through 24 above.
44.

As a result of the personal injuries described in paragraph 21 above, the Plaintiff,

WAYNE MAROTE, has incurred and will continue to incur expenses for his maintenance and
cure.
WHEREFORE, the Plaintiff, WAYNE MAROTE, demands judgment against the
Defendant, TMT CLAM DREDGERS, LLC, in an amount to be determined by a jury for
maintenance and cure, together with costs and interest.

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PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES
RAISED IN HIS COMPLAINT.

Respectfully submitted for
the Plaintiff, WAYNE MAROTE,
by his attorneys,

/s/ Carolyn M. Latti
CAROLYN M. LATTI, BBO 567394
DAVID F. ANDERSON, BBO 560994
Latti & Anderson LLP
30-31 Union Wharf
Boston, MA 02109
[phone]
Dated: 01-06-2012

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