Yacht Manufacturer Settles Suit Filed By Sailor's Widow

Cape Fear Yacht Works recently agreed to settle wrongful death and related claims filed by Linda Stone.  Stone's husband, Roger Stone, was killed when the 38-foot racing yacht Cynthia Woods capsized during a 2008 regatta in the Gulf of Mexico.

The Cynthia Woods was manufactured by Cape Fear Yacht Works and donated to Texas A&M University by Galveston billionaire and Texas A&M graduate George P. Mitchell.  Mitchell's son owns and operates Cape Fear Yacht Works.

According to investigation reports, a Texas A&M University-Galveston Sea Aggie sailing team, including safety officer Roger Stone, were en route from Galveston to Vera Cruz, Mexico, as part of a regatta when the 5,000-pound lead keel of the Cynthia Woods broke apart.  The vessel promptly capsized and later sank.  Stone was killed, but his crewmates survived, spending some 26 hours adrift before being rescued by the U.S. Coast Guard. 

Investigations by the U.S. Coast Guard and the Texas A&M University System reached conflicting results as to the cause of the vessel's keel failure.  The Coast Guard attributed the accident to improper repairs after the Cynthia Woods had been run aground, while the university cited inadequate design and construction of the vessel.
 
As noted here shortly after suit was filed, Linda Stone sought damages from several parties, including Cape Fear, boat designer Bruce Marek, and Payco, Inc., which made repairs on the boat.
 
Cape Fear Yacht Works, joined by Marek, entered into the settlement with Linda Stone, while her action against Payco continues.
 
Maritime claims such as Stone's demonstrate the need for aggressive advocacy on behalf of survivors after a vessel is lost at sea.
 
If a maritime injury occurs, it’s crucial for the victim or their family to contact a maritime lawyer as soon as possible.  Relying on a lawyer unfamiliar with maritime law can result in reduced or lost benefits.
 
To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLC, or call the maritime law office of Arnold & Itkin LLC toll free at 866-222-2606.

Piracy Takes Deadly New Turn as Private Security Contractors Defend Vessel

According to media reports and the EU Naval Force, on March 23rd the MV Almezaan, a Panamanian-flagged cargo ship, was attacked by pirates in the Gulf of Aden while en route to Mogadishu.  The vessel, which had been the subject of pirate attacks in the past, included an "armed private vessel protection detachment" – meaning a privately-contracted security team.

As the pirates attacked using skiffs, the onboard security team repelled the pirates' first attempt on the vessel by returning fire.  A second attack was likewise repelled, at which point the pirates fled.
 
A spanish frigate arrived on-scene in response to a distress call from the MV Almezaan.  The frigate's helicopter located and interdicted the pirate vessels.  A boarding party found one of the pirate suspects dead from gunshot wounds believed to have been inflicted by the security team protecting the MV Almezaan.
 
The incident is the first known instance of a pirate allegedly being killed by a member of a private contractor security team aboard a merchant vessel.  The use of such teams aboard civilian cargo ships is on the rise in response to the high levels of piracy off the coast of Somalia, leading experts to predict that additional deaths are likely.  The practice raises a host of issues, however, causing concern among detractors even as proponents cite the necessity for armed shipboard protection to fend off increasingly sophisticated and violent pirate tactics.
 
The maritime industry has always been considered a high-risk occupation. The recent increase in piracy has only added to the problem. Maritime lawyers have led the fight in bringing this matter to the public’s attention and have been instrumental in forcing employers to take additional, prudent measures to protect maritime workers and seamen from the dangers of piracy.
 
If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online atArnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

Arnold & Itkin LLC Attorneys Named to Million Dollar and Multi-Million Dollar Advocates Forums

Attorneys Kurt Arnold and Jason Itkin recently earned membership in the prestigious Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum.

Both Forums recognize outstanding performance by trial attorneys throughout the United States.
 
Established in 1993, the Million Dollar Advocates Forum is one of the most esteemed groups of trial lawyers in the country.  Fewer than one percent of U.S. attorneys are members, and all have demonstrated their ability to accomplish superior results in complex cases.
 
To be eligible for membership in the Million Dollar Advocates Forum, a trial attorney must have achieved a verdict and judgment, award, or settlement in the amount of $1 million or more.
 
The Multi-Million Dollar Advocates Forum is an additional certification afforded to qualified members of the Million Dollar Advocates Forum.  Membership is restricted to trial attorneys who have achieved a verdict and judgment, award, or settlement of at least $2 million.
 
The attorneys and staff of Arnold & Itkin LLC are proud of the well-deserved recognition of accomplishment reflected in Arnold's and Itkin's memberships in these respected forums.
 
Arnold & Itkin's attorneys serve clients in Texas and throughout the nation. The firm has handled cases in more than 30 states and its lawyers have tried more than 50 cases in the last four years. 
 
The firm's trial lawyers have practiced on both the plaintiff and defense side of the bar, handling maritime, product liability, personal injury, joint venture disputes, class actions, and other types of complex cases.
 
 
 
 
 

Houston Maritime Attorneys Cory Itkin and Kurt Arnold Settle Maritime Worker's Neck Injury Case for $2,000,000

Arnold & Itkin LLP maritime attorneys Cory Itkin and Kurt Arnold successfully obtained a $2,000,000 settlement on behalf of a maritime worker who was injured when the geological survey vessel on which he was employed struck an unlighted caisson in the Gulf of Mexico.  The plaintiff was standing next to the vessel's captain in the wheelhouse on the night when the accident occurred.  Itkin and Arnold negotiated recoveries in the vigorously-defended case from the plaintiff's employer, the vessel's owner/operator, the owner/operator of the caisson, and other defendants, for a total of $2,000,000.

Five Arnold & Itkin LLP Attorneys Named Texas Rising Stars for 2010

Arnold & Itkin LLP is proud to count five of its lawyers among those listed as Rising Stars in Texas for 2010.  Attorneys Kurt Arnold, Jason Itkin, Cory Itkin, Michael Pierce, and Lisa Sechelski were included in the most recent annual Rising Stars listing, which recognizes outstanding lawyers who have attained a high degree of professional achievement and recognition by their peers.

 
Both Kurt Arnold and Jason Itkin have been honored as Rising Stars multiple times.  Lisa Sechelski, Cory Itkin, and Michael Pierce are first-time recipients of the prestigious designation.
 
The annual selection of Rising Stars is carried out by the publication Super Lawyers to recognize the top up-and-coming attorneys in Texas and other states.
 
Arnold & Itkin congratulates its five attorneys for being honored by the 2010 Texas Rising Stars selection.
 
Arnold & Itkin LLP represents seamen and others in maritime injury cases.  Contact the firm today if you have questions about a potential maritime injury claim.
 

Fatal Parasail Accident Leads to Coast Guard Testing

In response to a parasailing accident that claimed the lives of two women off Ocean Isle Beach, North Carolina, the United States Coast Guard recently engaged the National Transportation Safety Board to test equipment involved in the mishap. 

According to witness reports, Lorrie Shoup of Granby, Colorado, and Cynthia Woodcock of Kernersville, North Carolina, were aloft in a boat-towed parasail near the beach when gusty winds from a passing frontal boundary overloaded the tow line.  The line snapped, separating the still-harnessed women from the commercial operator's tow boat.  High winds carried the women down the beach, flipping them over and slamming them repeatedly into the wave tops.  The North Carolina Medical Examiner's Office determined that the women were killed by blunt trauma.

The Coast Guard's investigation now includes physical testing of the parasail equipment used by the parasail operator.  A focus of the inquiry is the tow line that connected the parasail to the tow boat.  In that regard, the Coast Guard's particular interest is determining the wind load that the equipment can tolerate.

The Coast Guard also is reviewing the actions of the parasail operator before and after the accident.  Indications are that a special weather warning regarding approaching storms was broadcast around the time the parasail boat entered the nearby intracoastal waterway as it headed to its ocean operations area.

A formal report by the Coast Guard is not expected for several months.  The agency became involved in light of the fatalities and the large number of parasail operators along the Atlantic coast, with its many beaches popular with tourists.

The women's families have filed lawsuits in North Carolina state court.  In the meantime, the defendants have sought protection in federal district court pursuant to the federal Limitation of Liability Act.  Under that statute, enacted by Congress in 1851, a vessel owner's liability for property or personal injury damages can be limited to the value of the ship.  The limitation does not apply, however, if an injured victim can prove the vessel owner had knowledge of negligence or an unseaworthy condition that caused the accident or injury.

If you have questions about a maritime incident, or if you've suffered a maritime injury, it's important to contact an experienced maritime attorney.  Maritime laws can be complicated, making it critical to receive knowledgeable, professional guidance and, if necessary, representation regarding your personal injury or other maritime claim.  Contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

 

 

Spring Break Plus Sinking Yacht Equals Primer Course in Maritime Law for College of Charleston Students

A recent spring break vacation turned into a valuable lesson in maritime law for a group of College of Charleston students, reports WCSC TV in Charleston, SC.

The students were on a return voyage from the Bahamas when they saw a 50-foot sailboat strike a sandbar and begin to take on water.

What happened next moved the incident into the realm of maritime law.

The students radioed the sailboat and asked how they could help. The captain of the sailboat allegedly radioed a "Mayday" distress call and abandoned ship, and the crew launched a life raft.

Under maritime law, once a captain declares mayday, he essentially abandons the ship to the elements. If another party comes along and is able to save that boat, it becomes theirs.

The college students were able to rescue the boat after four hours of labor, including the use of scuba equipment to go underwater and repair holes in the hull. They eventually towed the boat to a nearby dock.

Lawyers for the students have made a claim for the sailboat, but its owners are contesting the claim.

Maritime laws can be complex. If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online at Arnold & Itkin LLP for a free consultation  or call our maritime law office toll free at 866-222-2606