A seaman without funds has filed a claim against his employer Cabras Marine Corp. on his own behalf for damages resulting from injuries. The seaman Ric B. Bocatija is asking the U.S. District Court of Guam to determine the amount he should be awarded because of alleged negligence and disregard of safety procedures while he was serving aboard the M/V Patriot.
On April 7 the court appointed attorney Wayson S. Wong to represent Bocatija.
Bocatija was injured when he fell into an open hold. He stated in his complaint the vessel and its operators did not have proper equipment properly maintained deck spaces lighting warning signs or sufficient crew when he was injured.
The claim stated that Cabras Marine Corp. and the Patriot did not adequately man the vessel in accordance with applicable state and federal regulations including those from the Occupational Safety and Hazard Association Coast Guard and Customs. list of websites . Because of these alleged violations Bocatija said he suffered personal injuries.
He claimed he is entitled to receive adequate medical services until he is able to return to work and wages he would otherwise receive while serving as a seaman if he had not been injured. He said this is in the scope of traditional maritime remedies.
A further count is a claim for damages for distress anxiety embarrassment and indignity because of his employer’s negligence and intentional breaches of duty.
Bocatija’s final claim of negligence stated that Cabras Marine Corp. and its vessel did not have the required proper insurance coverage in place and had waived the immunity from suit by its employees. Under laws governing maritime employment by United States Codes Section 33 Cabras Marine Corp. is not permitted to assert a defense of contributory negligence in a suit brought by a maritime worker.
Representative from Cabras Marine would not comment on the case but confirmed it was in litigation.
The M/V Patriot is an oceangoing tug that sails the waters between Guam and Saipan as a pusher for large barges of container cargo from the Port of Guam to the Port of Saipan on a weekly basis.