Crew member claims he sustained groin injury on fishing boat

John Suayan, Galveston Bureau Nov. 4, 2011, 10:00am

GALVESTON - La Marque resident Joseph Kapolcynski is suing Santa Fe local Keith E. Guindon and Katie's Seafood LLC over a groin injury he allegedly sustained while working on a fishing boat docked in Galveston two years ago.

A lawsuit filed Oct. 31 in Galveston County Court at Law No. 1 claims Kapolcynski hurt himself as he performed his assigned duties aboard the Avenger, which is owned and operated by the defendants, on Sept. 15, 2009.

"While the vessel was docked on navigable inland waters at Pier 19 in Galveston, Texas, and while the plaintiff, as a member of its crew, was contributing to and aiding such vessel to accomplish its mission, the plaintiff sustained serious injuries while lifting supplies on the vessel at the direction of the defendant and agents including Captain Leroy Gandy," the original petition says.

"As a result of the defendants' negligence, the plaintiff immediately felt a 'pop' in his groin while on the vessel, and was subsequently diagnosed with a hernia."

The defendants are faulted for failing to properly supervise their crew, failing to properly train their employees, failing to provide adequate safety and medical equipment, operating the vessel with an inadequate crew and failing to maintain the vessel.

Consequently, Kapolcynski seeks unspecified monetary damages and a jury trial.

The case has been assigned to Galveston County Court at Law No. 1 Judge John Grady.

Cause No. 66,277

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