Steenhard v. The Fishing Company of Alaska, Inc et al

Filing 1

COMPLAINT IN PERSONAM AND IN REM against defendant(s) The Fishing Company of Alaska, Inc, filed by Brian D Steenhard. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Knowles, H. L.) (Jones Act) Modified on 3/6/2012 (MKB).

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BRIAN D. STEENHARD a seaman,

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AT LAW AND IN ADMIRALTY

Plaintiff,
v.

CASE NO.

THE FISHING COMPANY OF ALASKA,
INC., a Washington corporation, In
Personam, and the F/T ALASKA VICTORY, SEAMAN’S COMPLAINT IN
Official No. 569752, a vessel, her engines, REM AND IN PERSONAM
equipment, tackle and appurtenances,
FOR PERSONAL INJURY
In Rem,
JURY TRIAL DEMANDED
Defendants.

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I. JURISDICTION
1.1

This is a claim for relief brought by Plaintiff, Brian D. Steenhard, a

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seaman, against the owner and/or operator of a vessel for personal injuries

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sustained aboard said vessel.

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general maritime law, 28 U.S.C. 1333; the Jones Act, 46 U.S.C. § 688 et seq., and

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common law negligence.

Jurisdiction is vested in the Court by virtue of

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COMPLAINT FOR DAMAGES - 1

INJURY AT SEA – SEATTLE
4020 EAST MADISON STREET, SUITE 210
SEATTLE, WASHINGTON 98112
TELEPHONE [phone] • FAX [phone]
TOLL FREE 1-800-SEA-SALT

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II. PARTIES
2.1

At all times material hereto Plaintiff was a seaman, employed by

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Defendant, THE FISHING COMPANY OF ALASKA, INC., as a member of the crew

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of the F/T ALASKA VICTORY, Official Number 569752, a vessel in navigation in

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the navigable waters of the United States.

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2.2

At all times material hereto Defendant was the owner and/or operator

of the F/T ALASKA VICTORY, and the employer of Plaintiff herein.
2.3

At all times material hereto Defendant, THE FISHING COMPANY OF

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ALASKA, INC., was a Washington corporation doing business in the State of

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Washington. At all times material hereto plaintiff was a resident of the State of

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Washington.

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III. FIRST CLAIM FOR RELIEF

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3.1

Plaintiff restates paragraphs 1.1 – 2.3.

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3.2

On or about November 17, 2011 and again on November 21, 2011,

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while working as a processor aboard the F/T ALASKA VICTORY, in navigable

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waters, Plaintiff suffered severe and multiple injuries, including but not limited to,

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injury to his left foot due to the negligence of Defendant and/or the

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unseaworthiness of F/T ALASKA VICTORY. Plaintiff’s initial injury was sustained

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on November 17, 2011 when a co-worker dropped a heavy pan of fish on Plaintiff’s

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left foot. Plaintiff immediately reported this injury to his supervisor and filled out

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an injury report with the vessel’s Captain. Plaintiff iced his foot for several hours

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COMPLAINT FOR DAMAGES - 2

INJURY AT SEA – SEATTLE
4020 EAST MADISON STREET, SUITE 210
SEATTLE, WASHINGTON 98112
TELEPHONE [phone] • FAX [phone]
TOLL FREE 1-800-SEA-SALT

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and then returned to work.

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painful, Plaintiff continued working until November 21, 2011, when Plaintiff’s

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supervisor lost his grip and dropped another heavy pan of fish on Plaintiff’s left

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foot. Plaintiff was unable to continue working. As a result, Plaintiff was harassed

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by fellow crewmembers who accused him of faking his injury. When the vessel

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returned to Dutch Harbor, Plaintiff asked to go to the clinic but his request was

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denied. Instead, Plaintiff was given a plane ticket home without the benefit of pain

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medication or a walking boot to immobilize his fractured foot. The full extent of

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Plaintiff’s injuries is presently unknown.

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Despite the fact Plaintiff’s foot was swollen and

IV. JONES ACT CLAIMS

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4.1

Plaintiff restates paragraphs 1.1 – 3.2.

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4.2

Defendant was negligent, as were the officers, agents and employees

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acting on their behalf by reason of including but not limited to: failure to provide a

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safe place to work; failure provide a sufficient and competent crew; failure to provide

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necessary assistance; failure to provide a reasonable work schedule and failure to

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provide necessary and timely medical assistance.

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4.3

Defendant, and all persons acting on its behalf, failed to provide

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Plaintiff with a safe place to work, in that the work place of Plaintiff was unsafe by

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reason of including, but not limited to, all of the above. Further at the time and

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place of his accident, Plaintiff was entirely within the scope of his employment and

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did not contribute to any negligent act or to the cause of his injuries.

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COMPLAINT FOR DAMAGES - 3

INJURY AT SEA – SEATTLE
4020 EAST MADISON STREET, SUITE 210
SEATTLE, WASHINGTON 98112
TELEPHONE [phone] • FAX [phone]
TOLL FREE 1-800-SEA-SALT

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V. UNSEAWORTHINESS

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5.1

Plaintiff restates paragraphs 1.1 – 4.3.

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5.2

For additional cause of action against Defendant, Plaintiff alleges

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Defendant's vessel was unseaworthy at the time and place of Plaintiff's injuries and

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was not reasonably fit for seamen.

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5.3

The unseaworthiness of the vessel included but is not limited to: failure

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to provide a safe place to work; failure provide a sufficient and competent crew;

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failure to provide necessary assistance; failure to provide a reasonable work

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schedule and failure to provide necessary and timely medical assistance.

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5.4

Defendant was in violation of minimum standards established by

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applicable codes and regulations with respect to providing a safe place to work, and

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this was a cause of Plaintiff’s injuries. A combination of these items, and each of

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them, rendered the F/T ALASKA VICTORY unseaworthy at the time and place of

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Plaintiff’s injuries.

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5.5

Plaintiff does further allege that at the time and place of his injuries

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Plaintiff was not contributorily negligent and did not cause or contribute to the

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cause of his injuries nor did he assume any of the risk of his injuries.

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5.6

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substantial

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disfigurement,

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impairment of wage earning ability, future pain and suffering, mental anguish,

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As a result of the injuries sustained by Plaintiff, Plaintiff has suffered
and

debilitating

mental

anguish,

COMPLAINT FOR DAMAGES - 4

personal

injuries

psychological

including

injury,

wage

pain,
loss,

suffering,
permanent

INJURY AT SEA – SEATTLE
4020 EAST MADISON STREET, SUITE 210
SEATTLE, WASHINGTON 98112
TELEPHONE [phone] • FAX [phone]
TOLL FREE 1-800-SEA-SALT

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disfigurement and loss of enjoyment of life. Plaintiff sues herein as further claimed

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in Plaintiff's prayer below for recovery for all such personal injuries, wage loss,

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reduced income-earning capacity, including prejudgment interest on any award

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entered in this proceeding.

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VI. MAINTENANCE, CURE, UNEARNED WAGES AND FOUND

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6.1

Plaintiff restates paragraphs 1.1 – 5.6.

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6.2

As a seaman injured in the course and scope of his employment

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aboard the F/T ALASKA VICTORY, Plaintiff is entitled to maintenance, cure,

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unearned wages and found. Plaintiff has not received all the maintenance, cure,

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unearned wages, and found to which he is entitled.

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VII. JURY DEMAND

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7.1

Plaintiff restates paragraphs 1.1 – 6.2.

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7.2

Pursuant to Federal Rule of Civil Procedure 38(c), Plaintiff demands a

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trial by jury.

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VIII. PRAYER
Plaintiff prays for the following relief:
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For judgment, against THE FISHING COMPANY OF ALASKA, INC., in

an amount to be proven at trial for general and special damages;
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For punitive damages for the willful and intentional failure to provide

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timely medical cure in accordance with Atlantic Sounding Co., Inc. et al, v.

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Townsend.

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COMPLAINT FOR DAMAGES - 5

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INJURY AT SEA – SEATTLE
4020 EAST MADISON STREET, SUITE 210
SEATTLE, WASHINGTON 98112
TELEPHONE [phone] • FAX [phone]
TOLL FREE 1-800-SEA-SALT

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entitled;

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8.4

For an award for Found in an amount to be proven at trial;

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8.5

For prejudgment and post-judgment interest;

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8.6

For the reasonable costs of maintaining this suit;

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8.7

For reasonable attorney's fees;

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8.8

For an award to Plaintiff of any other relief this Court deems equitable

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For all maintenance, cure and unearned wages to which plaintiff is

or just.

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DATED this 5th day of March, 2012.

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INJURY AT SEA

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S/ H.L. George Knowles
H.L. George Knowles, WSBA # 5234
Attorney for Plaintiff Brian D. Steenhard
INJURY AT SEA
4020 East Madison Street, Suite 210
Seattle, WA 98112
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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COMPLAINT FOR DAMAGES - 6

INJURY AT SEA – SEATTLE
4020 EAST MADISON STREET, SUITE 210
SEATTLE, WASHINGTON 98112
TELEPHONE [phone] • FAX [phone]
TOLL FREE 1-800-SEA-SALT

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UNITED STATES OF AMERICA

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STATE OF WASHINGTON

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) SS
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H.L. GEORGE KNOWLES, being first duly sworn on oath, state as follows:
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I make the following statement upon my own personal information and belief.
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I am the attorney for Plaintiff in the above entitled action and as such I have read
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the foregoing Complaint; know the contents thereof and believe the same to be true
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based upon knowledge and information provided to me by the plaintiff and my own
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personal investigation and I have been authorized by Plaintiff to make such claims
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on his behalf. Subscribed and sworn to under penalty of perjury of the laws of the
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State of Washington at Seattle, Washington this 5th day of March, 2012.
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S/ H.L. George Knowles__________
H.L. George Knowles

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COMPLAINT FOR DAMAGES - 7

INJURY AT SEA – SEATTLE
4020 EAST MADISON STREET, SUITE 210
SEATTLE, WASHINGTON 98112
TELEPHONE [phone] • FAX [phone]
TOLL FREE 1-800-SEA-SALT