Boat on the sea
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A pending case in the Washington State Supreme Court is one of the first in the nation to deal with when and how much in punitive damages can be awarded. Punitive damages are awarded to punish bad behavior. The case deals with one of a seaman’s fundamental rights: the right to maintenance and cure. Maintenance and cure are traditional remedies under maritime law. “Maintenance” is the daily payment to cover certain living expenses expected while on a vessel; “cure” refers to the payment of certain medical bills. They are designed to provide a seaman with food, lodging and medical care when one becomes sick or injured in the vessel’s service. The OSCEOLA, 189 U.S. 158, 175, 23 S. Ct. 483, 47 L. Ed. 760 (1903); Vaughan v. Atkinson, 369 U.S. 527, 532, 82 S. Ct. 997, 8 L. Ed. 2d 88 (1962). Maintenance and cure are no-fault obligations employers must fulfill so long as the injury occurred while in the ship’s service and until the seaman reaches maximum cure. West v. Midland Enters., 227 F.3d 613, 616 (6th Cir. 2000), Gardiner v. Sea-Land Serv., Inc., 786 F. 2d 943, 945-46 (9th Cir. 1986).
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A nineteen year old crewman has reportedly been seriously injured while working on the deck of the 38-foot fishing vessel KITTIWAKE. The accident happened on August 18th when a line under tension snapped, striking Daniel Cornelius in the head, causing facial injuries and knocking him unconscious. The United States Coast Guard airlifted Cornelius from the vessel. He was transported to Kodiak Island for emergency medical treatment and evaluation.
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The Coast Guard in San Francisco received a distress call from the crew of the 31-foot commercial fishing vessel TWO SONS, Wednesday, July 20, about eight miles west of the Golden Gate Bridge. Reports informed the Coast Guard that the vessel was taking on water with two people on board. The boat operator reported that the rate of flooding far exceeded the rate at which the crew could discharge the water from the vessel using the onboard dewatering equipment.
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The Coast Guard in Boston was notified Tuesday, July 12 by the crew of the stern trawler CAPTAIN MARK that a crewman required assistance for an arm laceration 54 miles east of Merrimack River. A Coast Guard Station Gloucester rescue boat and crew responded to the call.

Medical personnel assessed the injured crewman, then transferred him to the Coast Guard rescue boat where he was safely taken to Gloucester Harbor. The crew was met at shore by local emergency medical services for transport to a hospital. Due to the laceration and blood loss, officials were worried that the crewman might lose the limb. Published reports do not indicate what caused the laceration, and the fisherman’s condition at this time is unknown.

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Watchstanders at Coast Guard Sector St. Petersburg received an alert from an emergency beacon registered to the PENNY V Friday, July 8, after the 68-foot fishing vessel began to take on water west of Sanibel Island, FL. The Coast Guard diverted the crew of the 210-foot Coast Guard Cutter RESOLUTE to the scene to assist the distressed crew.
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One man is dead and another is seriously injured after the vessel they were traveling in capsized Saturday, July 16, in outer Boston Harbor, Mass. According to State Police spokesman David Procopio, the 30-foot vessel HIGH LIFE “broke apart and capsized for reasons still under investigation,” launching both passengers into the water. Neither passenger was wearing a life jacket. The boaters were identified as Michael Spirito, 58, and Robert Fox, 63.

Coast Guard Sector Boston was notified of the capsizing around 6:15 Saturday evening, and responded to the call immediately, along with the Boston Fire Department, the State Police, and the Environmental Police. The victims, who had severe chest and head injuries, were pulled from the water and taken to shore where emergency medical services were waiting. Spirito had been pronounced dead, and Fox was rushed to a Boston area hospital by a helicopter crew for his life-threatening injuries. Fox was listed in critical condition as of Monday, July 18.

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Coast Guard Sector New Orleans watchstanders received notification Tuesday July 12, that the 36-foot fishing vessel LOONEY TUNA was taking on water and had capsized. Three of the six on board reportedly suffered injuries. The Coast Guard launched two helicopter rescue crews and one boat crew to the scene, where they successfully hoisted the three injured fishermen and transported them to a nearby hospital. The rescue boat and crew safely transported the other three fishermen to shore, where emergency medical services awaited their arrival.

The Coast Guard stresses the importance of having marine-band radios, emergency position indicating radio beacons, life jackets and signaling devices on board. Having this sort of equipment on board allowed the crew of the LOONEY TUNA to make a call requesting help.

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The 36-foot fishing vessel ICE MAIDEN capsized Sunday, July 3 in the Prince William Sound off Rocky Point, Alaska. Reports say the vessel capsized while hauling in a net full of salmon. Good Samaritan fishing vessels NEW VENTURE and AQUANATOR were fishing in the area and provided assistance and transported the crew to nearby Cordova. ICE MAIDEN then sank and came to rest on the seafloor in 35 to 45 feet of water, said Coast Guard Lt. Cmdr. Jason Boyle.
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Coast Guard Sector Anchorage watchstanders were notified that a crewman aboard the 32-foot fishing vessel MISS MARIA was suffering from a severely broken forearm, Friday, July 1.

The Coast Guard deployed a helicopter crew to the scene, and safely hoisted the 56-year-old fisherman and transferred him to awaiting emergency medical services in Kodiak. It was determined that the fisherman suffered a double compound fracture to his right forearm. Published reports do not indicate the cause of his injury. The fisherman was taken to Providence Kodiak Island Medical Center in reportedly stable condition.

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Watchstanders from Coast Guard District Seventeen received notification Thursday, July 7, that Anthony Imas, 50, was injured and required medical assistance. Imas was reportedly suffering from severe back pain after falling aboard the 50-foot fishing vessel HEIDI LINEA.

The Coast Guard directed the launch of a helicopter rescue crew, which arrived on the scene and safely hoisted Imas off the vessel. Coast Guard reports indicate that Imas was in stable condition as of 9:45 Thursday night. Emergency medical services were waiting for Imas’ arrival in Kodiak, where he was taken to Providence Kodiak Island Medical Center for further care.

Contact Information
Stacey & Jacobsen, PLLC Seattle, Washington
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Seattle, WA 98199
Phone: 206-282-3100 Toll Free: 877-332-5529 Fax: 206-282-1149
Stacey & Jacobsen, PLLC Anchorage, Alaska
205 E Benson Blvd #321
Anchorage, AK 99503
Phone: 907-751-2588 Toll Free: 877-332-5529

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