Seaman sues employers over injuries sustained in accident

A seaman is suing his former employers in federal court over his alleged injuries during an accident at Apra Harbor in Guam last year.

Brian Patrick Boland is suing Cabras Marine Corp. and Seabridge Inc. for Jones Act negligence, unseaworthiness, maintenance and cure/wages, and negligence.

Boland, through counsels William M. Fitzgerald and Bruce Berline, is demanding an unspecified amount of damages, court costs and attorney’s fees. He wants a jury trial.

Boland was employed by Seabridge and/or Cabras Marine Corp. as a seaman to work on Cabras Marine’s fleet of tugboats and on vessels owned by Seabridge Inc.

Cabras Marine was the owner and operator of the Goliath, a U.S.-flagged vessel, as well as other vessels, including the M/T Cardinal and the M/T Chamorro.

Boland claims that up to the time he was injured, he was a credentialed merchant mariner for approximately 18 years.

According to the complaint, the incident happened on Jan. 19, 2014, as the Goliath was readying to depart from Apra Harbor. As Boland was walking toward the Goliath to cast off the lines that were holding the vessel to the dock, a six-inch hawser line that secured the ship’s bow to the dock’s bollard suddenly snapped taut, catching Boland and launching him into the air.

As Boland fell to the dock, the resulting impact with the dock allegedly caused him to suffer several injuries, including fractures on both arms.

Following the fall, Boland was allegedly ordered aboard the Goliath and worked for eight hours, without receiving any medical attention, food, or water despite his injuries.

After returning to Apra Harbor that evening, Boland asked the captain to obtain medical assistance for him. However, the captain of the Goliath allegedly refused to assist Boland and abandoned him at the dock, leaving him alone and requiring him to call 911 for assistance.

The police responded to Apra Harbor to assist Boland, who was then brought by ambulance to the hospital where it was determined that he had fractured both arms. He also suffered various contusions and swelling to his body.

Fitzgerald and Berline said Boland’s injuries required surgery, medical attention and physical therapy and continues to require additional surgery, medical attention, and physical therapy.

Fitzgerald and Berline said defendants owed a duty of care to Boland to avoid operating the vessel in an unsafe manner or using unsafe methods of operation including preventing hawser lines from becoming taut while casting off.

Fitzgerald and Berline said defendants owed a duty of care to Boland to provide him with reasonably adequate and competent medical attention when he was injured.

The lawyers said the injuries and damage Boland sustained were also caused by the unseaworthy condition of the Goliath.