After suffering head injuries during an attempt to help crewmembers of a sinking vessel, a captain of another vessel has filed a lawsuit against the vessel's owner for allowing it to become unseaworthy.
Ralph V. Toland filed a lawsuit against Antill Pipeline Construction Co. Inc., Antill Pipeline Company Inc., Antill Pipeline Corp., Antill Pipeline & Construction Co. on Nov. 2 in federal court in New Orleans.
The alleged incident occurred on April 11, 2009, while Toland was working as a Jones Act seaman and captain of defendant's vessel M/V Texas Tiger and working alongside the M/V Bev.
According to the lawsuit, the M/V Bev was sinking and the crew called out for assistance. During the process of rushing to their aid, Toland suffered injuries to his head and shoulder. He claims that cuts and trauma to his scalp, neck and shoulder are serious and disabling.
Toland is seeking damages for pain and suffering, mental anguish, lost earnings, loss of earning capacity, physical impairment, disfigurement, medical expenses, maintenance, cure, attorney's fees, punitive damages, interest and court costs.
Toland is represented by New Orleans attorney Jack W. Harang and Houston attorney Martina E. Cartwright. A jury trial is requested.
U.S. District Judge Lance M. Africk is assigned to the case.
Case No. 2:11-cv-02728