Shrimper’s widow alleges wrongful death following fatal head injury

By Carol Ostrow | Aug 13, 2015

A grieving widow is suing a cluster of food service companies alleging the wrongful death of her husband pursuant to the Jones Act, the Survivor Act and other Texas regulations in a fatal 2013 head injury.

Phung Thanh Phan, the decedent’s wife, filed a lawsuit individually and on behalf of heir Khanh Nguyen and the estate of Minh Hong Nguyen against Lady More LLC, Kim & Son Seafood LLC, Kim’s Seafood 2000 Inc., Sa Van Ly d/b/a Kim Daughter Dock, and Farmer Boy’s Catfish Kitchens International Inc. in Jefferson County District Court on Aug. 3, claiming liability for the accidental death of Minh Hong Nguyen in August 2013.

According to the lawsuit, the senior Nguyen was aboard the fishing vessel “Lady More” on Aug. 17, 2013. The complaint states that during an offloading procedure on navigable waters, he was struck in the head by a pulley while a load of shrimp was being transferred from the vessel to a dock located in Sabine Pass, TX, and died of his injuries.

The defendants are charged with failure to properly train and supervise their crew, inspect and maintain the vessel, and provide adequate safety equipment and medical treatment.

Alleging that her husband was healthy and had a normal life expectancy, the plaintiff contends that the family incurred the loss of his company and care along with financial loss, mental anguish, medical bills and funeral expenses.

The plaintiff seeks up to $100,000 in compensation for exemplary damages, penalties, pre-judgment interest, attorney’s fees, expenses, and costs. 

The plaintiff is represented by Kyle Courtney of DT Pham & Associates in Houston.

Jefferson County District Court Case E-197402

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