Suldan v. Phoenix Processor Limited Partnership, et al

Filing 1

COMPLAINT IN PERSONAM AND IN REM FOR PERSONAL INJURY against defendant(s) Phoenix Processor Limited Partnership, filed by Abdikarim R Suldan. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Knowles, H. L.) (Prepayment Waived) Modified on 4/25/2012 to edit fee status. (RE).

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

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ABDIKARIM R. SULDAN, a seaman,

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AT LAW AND IN ADMIRALTY

Plaintiff,
v.

CASE NO.

PHOENIX PROCESSOR LIMITED
PARTNERSHIP; a Washington limited
partnership; In Personam, and the M/V
EXCELLENCE, Official No. 967502, a
vessel, her engines, equipment, tackle
and appurtenances, In Rem,

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Defendant.

SEAMAN’S COMPLAINT IN
REM AND IN PERSONAM FOR
PERSONAL INJURY
JURY TRIAL DEMANDED

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I. JURISDICTION
1.1

This is a claim for relief brought by Plaintiff, Abdikarim R. Suldan, 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

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2.1

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

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Defendant, PHOENIX PROCESSOR LIMITED PARTNERSHIP; as a member of the

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crew of the M/V EXCELLENCE, Official Number 967502, 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 M/V EXCELLENCE, and the employer of Plaintiff herein.

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2.3

At all times material hereto Defendant, PHOENIX PROCESSOR

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LIMITED PARTNERSHIP; a Washington limited partnership, was doing business

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

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the State of 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 July 15, 2011, while working as a TFT Driver aboard the

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M/V EXCELLENCE, in navigable waters, Plaintiff began to experience low back

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pain, including but not limited to, pain in his lower back and extremities due to

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the

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EXCELLENCE.

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developed severe back injuries due to the awkward position of standing flexed

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forward with his right foot forward and the left foot back in order to straddle a

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piece of equipment that projected awkwardly into his work space. He and others,

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COMPLAINT FOR DAMAGES - 2

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negligence

of

Defendant

and/or

the

unseaworthiness

of

the

M/V

Plaintiff’s injuries were sustained when Plaintiff, over time,

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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had to maintain this position for over eight hours each day in order to operate the

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TFT machine.

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continue working and left the vessel in October, 2011 due to this ongoing injury.

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The full extent of Plaintiff’s injuries is presently unknown.

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Plaintiff’s back pain increased overtime until he was unable to

JONES ACT CLAIMS
3.3

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 an

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adequate and safe place to work; failure to adopt a safe method of work; failure to

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failure to properly supervise; failure to have an adequately manned and competent

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crew; failure to provide and train an adequate number of men to drive the TFT

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machine; failure to rotate the position of TFT driver more frequently; failure to

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provide back support for the driver of the TFT machine; failure to move the

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protruding piece of equipment until much later and only after Plaintiff had

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sustained injury; failure to accommodate Plaintiff’s back pain complaints by

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ordering Plaintiff back to work on the TFT machine after he complained of back pain

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and the awkward position he was required to endure to run the machine; and

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failure to provide necessary and timely medical treatment.

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3.4

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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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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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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UNSEAWORTHINESS
3.5

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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3.6

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

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to provide an adequate and safe place to work; failure to adopt a safe method of

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work; failure to failure to properly supervise; failure to have an adequately manned

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and competent crew; failure to provide and train an adequate number of men to

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drive the TFT machine; failure to rotate the position of TFT driver more frequently;

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failure to provide back support for the driver of the TFT machine; failure to move the

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protruding piece of equipment until much later and only after Plaintiff had

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sustained injury; failure to accommodate Plaintiff’s back pain complaints by

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ordering Plaintiff back to work on the TFT machine after he complained of back pain

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and the awkward position he was required to endure to run the machine; and

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failure to provide necessary and timely medical treatment.

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3.7

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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3.8

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

COMPLAINT FOR DAMAGES - 4

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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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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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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and

debilitating

mental

personal

anguish,

injuries

psychological

including

injury,

wage

pain,
loss,

suffering,
permanent

IV. MAINTENANCE CURE UNEARNED WAGES AND FOUND

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4.1

Plaintiff restates paragraphs 1.1 – 3.8.

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4.2

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

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aboard the M/V EXCELLENCE, Plaintiff is entitled to maintenance, cure,

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unearned wages and found.

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

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to which he is entitled.

Plaintiff has not reached maximum cure and,

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V. JURY DEMAND

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5.1

Plaintiff restates paragraphs 1.1 – 4.2.

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5.2

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

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trial by jury.

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VI. PRAYER

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Plaintiff prays for the following relief:

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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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6.1

For judgment, against PHOENIX PROCESSOR LIMITED PARTNERSHIP;

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and the M/V EXCELLENCE, in an amount to be proven at trial for general and

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special damages;

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6.2

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entitled;

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6.3

For Found in an amount to be proven at trial;

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6.4

For prejudgment and post-judgment interest;

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6.5

For the reasonable costs of maintaining this suit;

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6.6

For reasonable attorney's fees;

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6.7

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.
DATED this 24th day of April, 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 Abdikarim R. Suldan
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 24th day of April, 2012.
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s/ H.L. George Knowles__________

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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