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SOUTHEAST TEXAS RECORD

Friday, March 29, 2024

Ukrainian seaman injured on cargo ship alleges Jones Act negligence

Lawsuits
Cargoship

HOUSTON — A Ukrainian chief mate working on a commercial cargo ship that was docked at the port of Houston alleges the ship's owners/operators are responsible for the accident that caused his arm to be crushed by a gantry crane.

According to the Oct. 22 Harris County District Court suit, Sergiy Gumenyuk filed a complaint and request for disclosures against Marlow Navigation Company, LTD, Jans HS Schiffahrts GMBH and HS Schiffahrts GMBH & Co KG, alleging unseaworthiness and negligence under the Jones Act. 

The suit states Gumenyuk was injured Nov. 16, 2016, while attempting to fix a hatch on the M/V BBC AMISIA cargo ship. A gantry crane used to load cargo onto the ship suddenly moved after the crewman operating the crane left their posts, according to the suit. The plaintiff says he sustained tissue damage, broken bones and lost the ability to fully extend his left arm and hand, requiring him to be transported to Ben Taub General Hospital in Houston.

Gumenyuk alleges the defendants are denying maintenance and cure benefits for his injury. 

The plaintiff seeks trial by jury, punitive damages, interest, attorney fees and all just relief. He is represented by Charles Herd Jr. of Herd Law Firm in Houston. 

Harris County District Court case number 2019-77321 

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