GALVESTON — A ship captain is suing a seagoing towing vessel business, alleging negligence resulted in in severe and permanent injuries.

Jay Rivera filed a complaint April 10 in the Galveston Division of the Southern District of Texas against the Kirby Corporations and Kirby Offshore Marine, LLC, in personam, and M.V. Tarpon, in rem, alleging the defendants failed to provide a safe means of ingress and egress for the plaintiff and owed the duty of reasonable care under the industry's standard.

According to the complaint, on Aug. 16, 2016, while being assisted climbing up the deck of the MV Tarpon, Rivera stepped onto the engine room access hatch when his left foot rolled off the raised edge, causing him to fall to the deck. As a result, the suit says, Rivera suffered an injury to his left foot and ankle that requires him to wear a carbon insert in his footwear for the remainder of his life. 

The plaintiff alleges the defendants failed to inform him of the raised engine room access hatch and failed to sufficiently mark the hazard of the raised engine room access hatch cover with yellow tape, which is the industry standard.

Rivera seeks trial by jury, economic damages of more than $1 million, court costs, interest and all other just relief. He is represented by attorneys Paxton N. Crew and Christopher L. Johnson of Johnson & Crew PLLC in League City.

Galveston Division of the Southern District of Texas Case number 3:17-cv-00111

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U.S. District Court for the Southern District of Texas Galveston Division
601 Rosenberg Street
Galveston, TX - 77550

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