Pham v. F/V St Joseph VII

Filing 1

COMPLAINT For Arrest and Demand for Security against F/V St Joseph VII, filed by Cong Pham. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Affidavit)(Crew, Paxton) Modified on 12/27/2011 (pkb, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
Cong Pham
§
Plaintiff,
§
§
v.
§
§
Civil Action No.
F/V ST JOSEPH VII,
§
In Admiralty Rule 9(h)
official no. 1139728 and any
§
freights, apparel, appurtenances, tackle, etc. §
in rem
§
CONG PHAM’S
VERIFIED MOTION FOR ARREST AND REQUEST FOR SECURITY
COMES NOW Pham(hereafter “Pham” or “Charterers”) and files its Verified Original
Complaint in rem against the fishing vessels ST JOSEPH VII and MY JULIE and would
respectfully show the Court as follows:
I.
PARTIES
1.

Cong Pham is a Jones Act Seaman and resident of Jefferson County, Texas.

On

September 14, 2011, Mr. Pham was working aboard the F/V ST JOSEPH VII in the course and
scope of his employment when he was injured by the gypsy head on the try-net winch.
2.

The seagoing F/V ST JOSEPH VII is owned and operated by MY JULIE

CORPORATION. The F/V ST JOSEPH VII is presently within this Court’s jurisdiction and is
presently berthed in a shrimping vessel fleet in Sabine Pass, Texas.
II.
JURISDICTION
3. This Court has jurisdiction over Pham’s claim against the F/V ST JOSEPH VII by virtue of 28
U.S.C.§ 1333 and Supplemental Rule C of the Federal Rules of Civil Procedure as this is an
admiralty and maritime claim arising under article III, section 2, clause 1 of the Constitution of

1

the United States of America as this claim involves the enforcement of remedies allotted to Jones
Act seamen under the general maritime law of the United States. Additionally, this action is
brought pursuant to 28 U.S.C. § 1916, which excuses Movant Pham from payment of fees for
filing this action.

III.
BACKGROUND FACTS
4. On September 14, 2011, Mr. Pham was working aboard the F/V ST JOSEPH VII and
operating the try-net winch, which is attached to the “try-net” Due to the unseaworthiness of the
ST JOSEPH VII, Mr. Pham’s right arm was pulled into the try-net winch and his right orbital
bone and jaw were crushed. His right arm and hand were severely mangled and he may never
regain use of it. He was medically evacuated by helicopter to the University of Texas Medical
Branch in Galveston, Texas where he underwent surgeries to his right arm, hand and jaw. These
injuries form the basis of Mr. Pham’s state court lawsuit against My Julie Corporation, whom
owns and operates the F/V ST JOSEPH VII. Mr. Pham is unable to return to work in his chosen
profession, and will likely never be able to do so. Additionally, Mr. Pham was not paid wages
for the voyage in which he injured himself.
5.

Upon becoming engaged to represent Mr. Pham, undersigned counsel corresponded with

the owner’s insurance representative, Mr. Halvorsen Hirschfield. See Attached letter to H&H
Claims dated December 2, 2011 attached as Exhibit “A”. Mr. Hirschfield responded that he
believed the insurance policy covering this incident was limited to $500,000.00 an occurrence,
and that there was no excess policy in place. See email from Halvorsen Hirschfield dated
December 14, 2011 attached as Exhibit “B”.

2

6.

Mr. Pham’s medical expenses at this juncture are in excess of $120,000.00, and he will

likely require additional surgeries and possibly amputation of his right arm. Additionally, Mr.
Pham will no longer be able to earn the wages he enjoyed as a commercial fisherman, and
consequently, his economic damages are likely much larger than the amount of insurance alone.
Given the owner’s failure to maintain adequate insurance, Mr. Pham is left with no other option
but to arrest the vessel and liquidate it for security to ensure there are assets adequate to satisfy
any judgment in the state court action.
IV.
CONCLUSION
7.

Pham accordingly seeks jurisdiction over the in rem Defendant, the F/V ST JOSEPH VII,

by arrest pursuant to Rule C of the Supplemental Rules for Admiralty or Maritime Claims and
Asset Forfeiture Actions and respectfully requests the Court to grant it judgment, to order the
sale of the F/V ST JOSEPH VII and to take the proceeds from that sale and place them in the
Court’s registry pending a verdict or settlement in the state court action.

Respectfully Submitted,
THE CREW LAW FIRM, P.C.
/s/ Paxton N. Crew
Paxton N. Crew
Tex Bar No. 24058720
2600 South Shore Blvd. Suite 300
Marina View Building
League City, Texas 77573
Phone: [phone]
fax: [phone]
email: [e-mail]

3