Seaman sues US govt over injuries incurred aboard vessel

A seaman is suing the United States government over injuries he sustained while he was an employee aboard one of the merchant marine vessels stationed just off the coast of Saipan.

Merchant mariner Travis Thornton is suing the United States of America pursuant to the Jones Act and the General Maritime Law on the grounds of negligence, unseaworthiness, and failure to pay plaintiff maintenance and cure due following the incident.

Thornton, through attorney David Banes, is asking the U.S. District Court for the NMI to grant him judgment against the United States of America for compensatory damages and all other damages he is entitled to. In addition, Thornton seeks judgment for all costs incident to this action, pre and post judgment interest, and other relief deemed just and proper by the court.

According to the lawsuit, back in May 2023, Thornton was employed by Kellogs Brown and Root—the operator of U.S.-owned vessel USNS Watson—as a seaman and a member of the crew of the vessel.

On May 12, 2023, Thornton alleges that his supervisor ordered that he manually lift armored windshields weighing approximately 300 pounds each against safe lifting guidance.

As a result of this, Thornton said he suffered a hernia, L5-S1 and L4-L5 disc injuries, and tricep pain.

“All the actions occurred while the plaintiff was in the performance of this duties under orders and in the service of the vessel. At all times the USA was responsible for the actions of its employees and of the conditions aboard the vessel. Prior to and at the time he suffered injury, the plaintiff exercised due care for his own safety and well-being,” said Banes.

On March 26, 2024, Thornton’s lawyer said Thornton filed a formal administrative claim which has not been resolved to date.

“On March 26, 2024, with regard to the incident and injury suffered by Mr. Thornton, plaintiff properly presented a formal administrative claim that complied with all requirements of law. More than sixty (60) days have elapsed since the USA received the administrative claim without denial of the claim. Further, the parties have not resolved the claim,” said Banes.

The first cause of action is pursuant to the Jones Act for negligence.

“The personal injury suffered by the plaintiff was not caused by any fault on his part but was caused by the negligence of defendant United Stales of America, its manager, agents, servants and/or employees and/or KBR, its agents, servants and/or employees. Defendant is responsible for the actions of its agents in the delegation of its duty to provide a safe workplace to plaintiff,” said Banes.

The second cause of action is pursuant to General Maritime Law for unseaworthiness.

“The vessel was unseaworthy because proper equipment to safely lift heavy objects was not provided on the vessel. The vessel further was unseaworthy because the defendant failed to provide a competent crew to direct and undertake the work in a safe manner,” said the lawsuit.

Finally, the third cause of action is pursuant to General Maritime Law for failure to pay plaintiff maintenance and cure due.

“Pursuant to the general maritime law of the United States, KBR and the U.S.A. are duty bound to provide to plaintiff maintenance and cure. KBR and the U.S.A. have failed to pay plaintiff all maintenance and cure due to him. This failure to pay may be shown to be willful and wanton and nature. Accordingly, plaintiff makes claim for punitive damages for the willful and wanton denial of payment of maintenance and cure. As a result of the incident which is the basis of this claim, the plaintiff suffered injury and suffered and continues to suffer great pain of body and anguish of mind, inconvenience, embarrassment, humiliation, anxiety and emotional distress; and continues to incur medical expenses; lost time and wages from his usual work and pursuits and continues to suffer such losses; suffered permanent loss of earning capacity; and suffered and will continue to suffer other damages as will be shown at trial,” said the lawsuit.