Seaman sues after ingesting sewage

Michelle Massey, East Texas Bureau Jun. 3, 2010, 4:28am

MARSHALL-A seaman has filed a lawsuit against the vessel he worked on after he ingested sewage that was splashed on him.

Estaban Vargas filed suit against Seamar Divers International LLC, Seamar Marine Services LLC, Searmar Divers Inc. and The Seawolf on May 28 in the Marshall Division of the Eastern District of Texas.

Vargas was previously employed as a seaman for approximately four years prior to the incident and was employed on several of the defendants' vessels. At the time of the incident on June 10, 2008, Vargas was working on the vessel Seawolf.

Vargas states that he was performing maintenance on the plumbing system when sewage was discharged on him. According to court documents, Vargas may have ingested the sewage that was discharged and covered his body.

Also, Vargas states that he also sustained a deep wound to his ankle that was not healed at the time the sewage incident occurred.

The defendants are accused of breaching their duty of maintenance and cure by not providing adequate medical care to the plaintiff after he sustained his injuries aboard the vessel. Consequently, the warranty of seaworthiness was breached, Vargas states.

The plaintiff is seeking damages for severe and excruciating pain, mental and physical injuries, medical expenses, diminished earning capacities, interest and costs.

Tyler attorneys Daryl L. Derryberry, Craig D. Zips and Tab E. Lawhorn of Derryberry & Zips and Marshall attorney Mike C. Miller are representing the plaintiff.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:10cv00178

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