The Jones Act, Seaman, Nordic Fisheries & Botello case is about an alleged seaman that filed a lawsuit under the Jones Act in the U.S. District Court, D. Massachusetts.
A brief summary of the Jones Act, Seaman, Nordic Fisheries & Botello case includes:
- In June 2014, Kevin Botelho was working for Nordic Fisheries, Inc. as a seaman and deckhand aboard the F/V AMBITION on a commercial scallop-fishing trip.
- When fishing for scallops, the AMBITION drags two dredges, one on the starboard side and one on the port side, along the sea floor. Every hour, the dredges are winched up and their contents (which includes scallops, bycatch, rocks, and other debris) are dumped on the aft deck in what is known as “the pile.”
- The dredges are then lowered back to the seafloor, and the crew uses the next hour to pick the scallops out of the pile, deposit them in the shucking house, and return the rocks and bycatch to the sea.
- Although the vessel has a non-skid surface on some of the deck, there is an area of the stern deck where the dredges and chain bags are regularly landed that does not. According to defendants, that is due to the heavy abuse that part of the deck takes, which would cause the coating to wear off in a matter of days. (Def. Reply in Supp. Summ. J. at 6 n.2 (citing DiNapoli Rpt.); Barry Rpt. at 20 (noting that the deck of the shucking house has a non-skid surface)).
- On June 15, 2014, while working on board the AMBITION, Botelho slipped and fell.
- When he slipped, he was on his way from the door of the shucking house to the pile, about three feet from the port rail, between amidships and the stern.
- Botelho contends that the deck where he slipped is bare steel.
- For more on the Jones Act Case – See Jones Act, Seaman, Nordic Fisheries & Botello
CASE WATCH℠ is a compilation of Jones Act cases nationwide.
Case Watch is provided for the seaman and others as a source of information about various situations in which seaman have been injured while performing their jobs aboard a vessel, ship, platform etc. The seaman have usually sought remedies (unseaworthiness and maintenance and cure) under general maritime law and the Jones Act.
We hope that it is both helpful and informative.
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If you have been injured and/or have been diagnosed with a serious disease (e.g., leukemia, kidney cancer, bladder cancer, mesothelioma) while working as a seaman, and need an admiralty, jones act and/or maritime lawyer to help you file a Jones Act lawsuit, please contact our office at 1.800.672.4916.