Federal Personal Injury Complaint

1 Lanning M. Trueb, ABA No.
8911083
JOHNSON KAMAI & TRUEB, LLC
2 330 L Street
Anchorage, Alaska 99501
3 Phone: 907.277.0161
Facsimile: 907.277.0164
4 E-mail: Lmtrueb@msn.com
5 Attorney for Plaintiffs
6
UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ALASKA AT ANCHORAGE
8
GERALD CUNNINGHAM, JASON LONG,
9 AUSTIN LONG, TAYLOR LONG,
HERBERT JENSEN, and
10 BARBARA JENSEN,
JOHNSON KAMAI & TRUEB, LLC.
11 Plaintiffs,
ANCHORAGE, ALASKA 99501
12
PHONE (907) 277-0161
v.
FAX (907) 277-0164
Case No.: 3:17-cv-________

330 L STREET
13 KAMI C. CABANA, in personam;

JACOB R. WISE, in personam;
14 WISE ENTERPRISES, LLC, in personam;
the F/V CHUGACH PEARL, O.N. 1233109,
15 her engine, tackle, gear, apparel, furniture and
equipment, in rem; and the F/V SILVER VERIFIED COMPLAINT IN REM
16 STREAK, O.N. 963600, her engine, tackle, AND IN PERSONAM FOR
gear, apparel, furniture and equipment, in rem. PERSONAL INJURIES
17
Defendants.
18
19
Plaintiffs Gerald Cunningham, Jason Long, Austin Long, Taylor Long, Herbert Jensen,
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and Barbara Jensen, through counsel Johnson Kamai & Trueb, LLC, allege the following causes
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of action against the defendants in this matter.
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23
24
25 COMPLAINT
Cunningham et al v. Kami Cabana, et al., Case No.: Page 1 of 25
Case 3:17-cv-00081-SLG Document 1 Filed 04/11/17 Page 1 of 26
1 INTRODUCTION & JURISDICTION
2 1. This is a case of admiralty and maritime jurisdiction as hereinafter more fully
3 appears. This is an admiralty and maritime claim within the meaning of Fed. R. Civ. P. 9(h).
4 The claims arises from an incident which occurred on August 15, 2016 involving three vessels;
5 the F/V TEMPTATION, O.N. 959091, the F/V CHUGACH PEARL, O.N. 1233109, and the F/V
6 SILVER STREAK, O.N. 963600. At the time of the incident, all three vessels were on
7 navigable waters involved in commercial fishing activities in Prince William Sound, Alaska.
8 2. Plaintiffs incurred bodily, physical and/or economic injury when the vessel they
9
owned or served upon, the F/V TEMPTATION, was hit; first on her starboard aft corner by the
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F/V SILVER STREAK, and then port mid-ship by the F/V CHUGACH PEARL. Plaintiffs were
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injured as a result of the collisions.
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PHONE (907) 277-0161
3. Pursuant to their Fed. R. Civ. P. 9(h) designation, plaintiffs waive their right to a
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trial by jury on all claims, and elect to try their actions on the admiralty side of this Honorable
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Court.
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4. The incident giving rise to plaintiffs injuries and damages occurred on August 15,
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2016. Plaintiffs’ claims are timely filed.
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THE PARTIES
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5. Plaintiff Gerald Cunningham is a resident of Cordova, Alaska, and at all relevant
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times a seaman in the service of the F/V TEMPTATION.
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6. Plaintiff Jason Long is a resident of Cordova, Alaska, and at all relevant times a
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seaman in the service of the F/V TEMPTATION.
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7. Plaintiff Austin Long is a resident of Bellingham, Washington, and at all relevant
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times a seaman in the service of the F/V TEMPTATION.
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25 COMPLAINT
1 8. Plaintiff Taylor Long is a resident of Bellingham, Washington, and at all relevant
2 times a seaman in the service of the F/V TEMPTATION.
3 9. Plaintiff Herbert Jensen is a resident of Cordova, Alaska, and at all material times
4 was trustee to the trust which was the member of Spindrift Fisheries, LLC; which in turn owned
5 the F/V TEMPTATION. Additionally, plaintiff Herbert Jensen was, at all material times, a party
6 to the SERVS Vessel of Opportunity program; including without limit, the programs Tier 1
7 Vessel Readiness Exercises, Winter Maintenance, and Tier One Availability Bonuses.
8
10. Plaintiff Barbara Jensen is a resident of Cordova, Alaska, and at all material times
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was trustee to the trust which was the member of Spindrift Fisheries, LLC; which in turn owned
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the F/V TEMPTATION. Additionally, plaintiff Barbara Jensen was, and at all material times a
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party to the SERVS Vessel of Opportunity program; including without limit, the programs Tier 1
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PHONE (907) 277-0161
Vessel Readiness Exercises, Winter Maintenance, and Tier One Availability Bonuses.
FAX (907) 277-0164
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11. Defendant Kami Cabana resides in Girdwood, Alaska, and at all relevant times
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was the operator of the F/V CHUGACH PEARL, O.N. 1233109; as well as the owner, and/or
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owner pro hac vice and/or charterer and/or controller of the F/V CHUGACH PEARL, O.N.
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1233109.
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12. Pursuant to the F/V SILVER STREAK’s Abstract of Title, as well as the National
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Vessel Documentation Center online records, the vessel is owned by Defendant Wise
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Enterprises, LLC. According to State of Alaska, Division of Corporation records, however,
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Wise Enterprises, LLC was involuntarily dissolved on January 1, 2014. The Alaska Commercial
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Fisheries Entry Commission’s online vessel data section lists Jacob Wise as the owner of the F/V
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SILVER STREAK. On information and belief, therefore, Wise Enterprises, LLC and/or Jacob
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Wise at all material times was/were the owner, and/or owner pro hac vice and/or operator and/or
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25 COMPLAINT
1 charterer and/or controller of the F/V SILVER STREAK, O.N. 963600. At all times relevant,
2 Defendant Wise Enterprises, LLC was/is responsible for the actions of Jacob Wise via
3 respondeat superior and other principles of agency. Plaintiffs will amend their complaint if
4 necessary to clearly and succinctly identify the owner of the vessel as additional information is
5 gained during the course of this case.
6 13. The in rem defendant F/V CHUGACH PEARL, O.N. 1233109, is a vessel, and is
7 now or will be, during the pendency of process hereinafter, within this district and the
8
jurisdiction of the Court.
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14. The in rem defendant F/V SILVER STREAK, O.N. 963600, is a vessel, and is
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now or will be, during the pendency of process hereinafter, within this district and the
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jurisdiction of the Court.
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PHONE (907) 277-0161
BASIC FACTUAL ALLEGATIONS

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15. On or about August 15, 2016, plaintiff Jason Long was operating the F/V
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TEMPTATION in the Prince William Sound commercial salmon seine fishery.
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16. The F/V TEMPTATION, O.N. 959091, is a salmon seine vessel owned by
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Spindrift Fisheries, LLC. Plaintiff Jason Long operated the F/V TEMPTATION as the holder
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of the Prince William Sound Commercial Salmon Seine Permit 61925 O, via emergency
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transfer.
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17. On or about August 15, 2016, plaintiffs Jason Long, Austin Long, Taylor Long
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and Gerald Cunningham were employed by Spindrift Fisheries, LLC to work aboard the F/V
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TEMPTATION as crew members.
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18. Approximately 10 minutes prior to the 8:00 a.m. scheduled commercial seine
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opener in the area of Hidden Bay, Culross Island, Prince William Sound, plaintiffs Jason Long,
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25 COMPLAINT
1 Austin Long, Taylor Long and Gerald Cunningham observed the F/V CHUGACH PEARL and
2 F/V SILVER STREAK blocking/holding vessels against opposite beaches. Plaintiff Jason
3 Long, desiring to fish closer to the area around a waterfall at the end of Hidden Bay, ran his
4 vessel in an open area of Hidden Bay in a safe and prudent manner; at all times taking into
5 account applicable vessel navigation rules.
6 19. With plaintiff Jason Long at the wheel, the vessel motored through the open area
7 and towards the area around the waterfall. While doing so, the F/V TEMPTATION was struck
8
hard on her aft starboard corner by the F/V SILVER STREAK.
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20. At virtually the same time that the F/V SILVER STREAK hit the F/V
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TEMPTATION’s aft starboard corner, the F/V CHUGACH PEARL’s bow hit and collided with
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the F/V TEMPTATION’s port side mid-ship.
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PHONE (907) 277-0161
21. Prior to the collisions, plaintiff Taylor Long fixed a GoPro video camera on the
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top of the aft cabin section of the TEMPTATION. This GoPro was running and recording for
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1:48 (one minute and 48 seconds) prior to the collisions; was running and recording during the
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collision; and continued running and recording for another 15:29 (15 minutes and 29 seconds)
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after the collisions. The GoPro video also recorded audio for the total 17:17 (17 minutes and 17
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seconds).
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22. The video recording took in pretty much all of the working deck of the F/V
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TEMPTATION, as well as the area port aft to starboard aft of the vessel. The video shows both
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the F/V SILVER STREAK and F/V CHUGACH PEARL hitting the F/V TEMPTATION as
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indicated herein.
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23. When the two vessels hit the F/V TEMPTATION, the force of the collisions
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caused an exhaust stack off the TEMPTATION’s portside engine to break loose and fall. The
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25 COMPLAINT
1 exhaust stack fell on plaintiff Gerald Cunningham; striking him in the head, causing serious
2 injury. Attending crew state that plaintiff Cunningham was rendered unconscious as a result of
3 being hit by the exhaust stack; and thereafter bleed profusely from the head. This injury is
4 captured on the GoPro video.
5 24. Within minutes of the collisions, the F/V CHUGACH PEARL and F/V ARCTIC
6 PEARL pulled up bow first along the port side of the F/V TEMPTATION in a threatening
7 manner.
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25. At this same time, the F/V TEMPTATION began to list starboard. The crew
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aboard the F/V TEMPTATION feared the vessel had been compromised in a manner such that
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she might sink.
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26. At no time did the F/V CHUGACH PEARL, the F/V SILVER STREAK, or any
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PHONE (907) 277-0161
other vessel operating in their group, offer to render assistance of any kind.
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27. As a result of the collisions, the F/V TEMPTATION’s port side engine was
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damaged and had to be shut down. The vessel’s hydraulic pump ran off the port engine; and so
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the vessel was without the aid of hydraulics in navigating to safety.
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28. Plaintiff Cunningham continued to bleed as a result of the injury. He was
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disoriented and in shock. The vessel, therefore, headed for the tender vessel VIXEN; which
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reported it had aboard medical supplies and personnel. Operating on only one engine, without
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hydraulics, and listing heavily to starboard, the TEMPTATION made her way to the VIXEN; a
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trip of approximately one hour. During the trip, the crew of the TEMPTATION tended to
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plaintiff Cunningham and the integrity of the vessel.
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29. Upon arrival at the VIXEN, crew aboard the VIXEN examined plaintiff
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Cunningham. It was immediately determined that his injuries were serious. The USCG was
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25 COMPLAINT
1 contacted, and a medivac helicopter dispatched to the VIXEN. The helicopter arrived about 45
2 minutes later, and took plaintiff Cunningham to the Cordova Hospital.
3 30. At the time of the collisions, and thereafter, plaintiffs Gerald Cunningham, Jason
4 Long, Austin Long and Taylor Long, experienced extreme physical and mental anguish and
5 injury, and feared for their physical wellbeing. Due to their physical, mental and emotional
6 condition, as well as the damage to the F/V TEMPTATION, plaintiffs were unable to continue
7 fishing for the remainder of the Prince William Sound commercial salmon season.
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COUNT I
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CLAIMS OF GERALD CUNNINGHAM
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GENERAL MARITIME LAW NEGLIGENCE, GENERAL MARITIME LAW
NEGLIGENCE PER SE & GENERAL MARITIME LAW NEGLIGENT INFLICTION

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OF EMOTIONAL DISTRESS
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PHONE (907) 277-0161
31. Plaintiffs hereby reallege and incorporate Paragraphs 1 – 30.

FAX (907) 277-0164
330 L STREET
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32. On or about August 15, 2016, Plaintiff Gerald Cunningham was a crew member
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aboard the F/V TEMPTATION.
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33. Plaintiff Cunningham was on the aft deck, mid-ship when the F/V SILVER
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STREAK and F/V CHUGACH PEARL struck the F/V TEMPTATION.
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34. Upon impact, the exhaust stack on the F/V TEMPTATION broke loose and fell.
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The exhaust stack fell on plaintiff Gerald Cunningham striking him in the head; causing him to
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fall backwards, resulting in serious injury.
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35. As a result of being struck by the exhaust stack, Plaintiff Cunningham was
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knocked unconscious and was bleeding from his head.
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36. Defendants owed plaintiff Cunningham a duty of reasonable care under the
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circumstances; including a duty to operate their vessels in a safe and reasonable manner, at all
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25 COMPLAINT
1 times observing all navigation rules and principles so as to prevent harm and injury to property
2 and body.
3 37. Per Treaty and U.S. Congressional action, as well as 33 C.F.R. §§ 80.01; 80.1705,
4 at all times relevant the 72 COLREGS (International Regulations for Preventing Collisions at
5 Sea, 1972) applied to defendants and the waters wherein the collisions in this matter occurred.
6 38. In conjunction with their duty of reasonable care, defendants owed plaintiff
7 Cunningham duties as set forth within 72 COLREGS; including without limit those duties set
8
forth under Rule 6 (Safe Speed), Rule 7 (Risk of Collision), Rule 8 (Action to Avoid Collision),
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Rule 9 (Narrow Channels), Rule 15 (Crossing), Rule 16 (Action by Give-Way Vessel), and Rule
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17 (Action by Standby Vessel).
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39. Per 46 U.S.C. § 2303, defendants also owed plaintiff Cunningham a duty of
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PHONE (907) 277-0161
reasonable care to render plaintiff assistance.

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40. Defendants breached duties owed plaintiff Cunningham by, without limit, failing
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to operate their vessels at a safe speed, failing to avoid collisions, failing to take actions to avoid
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collision, failing to give way or standby, failing to provide plaintiffs with a safe means through a
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narrow channel, and failing to render assistance after the collisions.
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41. As a direct and proximate result of defendants’ negligence and/or negligence per
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se, plaintiff Cunningham was caused to suffer physical, mental, emotional and psychological
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injuries, and plaintiff suffered and may continue to suffer in the future great amounts of physical,
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mental, emotional and psychological pain with resultant physical disability, and mental suffering.
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42. As a direct and proximate result of the above-described injuries, plaintiff
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Cunningham was prevented from earning income, incurred medical costs, and has suffered loss
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of enjoyment of life, and pain and suffering. In addition to what plaintiff Cunningham has
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25 COMPLAINT
1 already suffered because of his injuries, plaintiff was prevented from, and he will in the future be
2 prevented from enjoying the enjoyments and pursuits of life, and plaintiff has further incurred,
3 and will in the future incur lost income, medical expenses, pain and suffering, anguish,
4 psychological stress, disability and loss of enjoyment of life, all to plaintiff’s damage in the sum
5 in excess of One Hundred Thousand Dollars ($100,000.00), to be proven more definitely at trial
6 in this matter.
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COUNT II
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CLAIMS OF JASON LONG
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GENERAL MARITIME LAW NEGLIGENCE, GENERAL MARITIME LAW
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OF EMOTIONAL DISTRESS
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43. Plaintiffs hereby reallege and incorporate Paragraphs 1 – 42.
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PHONE (907) 277-0161
44. On or about August 15, 2016, plaintiff Jason Long was operating the F/V
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TEMPTATION in the waters of Prince William Sound.
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45. Defendants owed plaintiff Jason Long a duty of reasonable care under the
15
16
times observing all navigation rules and principles so as to prevent harm and injury to property
17
and body.
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46. Per Treaty and U.S. Congressional action, as well as 33 C.F.R. §§ 80.01; 80.1705,
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at all times relevant the 72 COLREGS (International Regulations for Preventing Collisions at
20
Sea, 1972) applied to defendants and the waters wherein the collisions in this matter occurred.
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47. In conjunction with their duty of reasonable care, defendants owed plaintiff Jason
22
Long duties as set forth within 72 COLREGS; including without limit those duties set forth
23
under Rule 6 (Safe Speed), Rule 7 (Risk of Collision), Rule 8 (Action to Avoid Collision), Rule
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25 COMPLAINT
1 9 (Narrow Channels), Rule 15 (Crossing), Rule 16 (Action by Give-Way Vessel), and Rule 17
3 48. Per 46 U.S.C. § 2303, defendants also owed plaintiff Jason Long a duty of
4 reasonable care to render plaintiff Jason Long and his crew assistance.
5 49. Defendants breached duties owed plaintiff Jason Long by, without limit, failing to
6 operate their vessels at a safe speed, failing to avoid collisions, failing to take actions to avoid
7 collision, failing to give way or standby, failing to provide plaintiff Jason Long with a safe
8
means through a narrow channel, and failing to render assistance after the collisions.
9
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se, plaintiff Jason Long was caused to suffer physical, mental, emotional and psychological
11
injuries, and plaintiff Jason Long suffered and may continue to suffer in the future great amounts
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PHONE (907) 277-0161
of physical, mental, emotional and psychological pain with resultant physical disability, and
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mental suffering. Plaintiff Jason Long continues to treat for these injuries.
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51. As a direct and proximate result of the above-described injuries, plaintiff Jason
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Long was prevented from earning income, incurred medical costs, and has suffered loss of
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enjoyment of life, and pain and suffering. In addition to what plaintiff has already suffered
17
because of his injuries, plaintiff was prevented from, and he will in the future be prevented from
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enjoying the enjoyments and pursuits of life, and plaintiff has further incurred, and will in the
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future incur lost income, medical expenses, pain and suffering, anguish, psychological stress,
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disability and loss of enjoyment of life, all to plaintiff’s damage in the sum in excess of One
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Hundred Thousand Dollars ($100,000.00), to be proven more definitely at trial in this matter.
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25 COMPLAINT
1 COUNT III
2 CLAIMS OF AUSTIN LONG
3 GENERAL MARITIME LAW NEGLIGENCE, GENERAL MARITIME LAW
4 OF EMOTIONAL DISTRESS
5 52. Plaintiffs hereby reallege and incorporate Paragraphs 1 – 51.
6 53. On or about August 15, 2016 Plaintiff Austin Long was a crew member of the
7 F/V TEMPTATION.
8 54. On or about August 15, 2016 Plaintiff Austin Long was riding in the skiff
9
attached to and towed behind the F/V TEMPTATION.
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55. Plaintiff Austin Long saw the F/V SILVER STREAK and F/V CHUGACH
11
PEARL strike the F/V TEMPTATION.
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56. Plaintiff Austin Long feared that the F/V SILVER STREAK and/or F/V
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CHUGACH PEARL would strike the skiff he was in.
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57. Defendants owed plaintiff Austin Long a duty of reasonable care under the
15
16
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and body.
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59. In conjunction with their duty of reasonable care, defendants owed plaintiff
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Austin Long duties as set forth within 72 COLREGS; including without limit those duties set
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25 COMPLAINT
1 Rule 9 (Narrow Channels), Rule 15 (Crossing), Rule 16 (Action by Give-Way Vessel), and Rule
2 17 (Action by Standby Vessel).
3 60. Per 46 U.S.C. § 2303, defendants also owed plaintiff Austin Long a duty of
4 reasonable care to render assistance.
5 61. Defendants breached duties owed plaintiff Austin Long by, without limit, failing
6 to operate their vessels at a safe speed, failing to avoid collisions, failing to take actions to avoid
7 collision, failing to give way or standby, failing to provide plaintiff Austin Long with a safe
8
means through a narrow channel, and failing to render assistance after the collisions.
9
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se, plaintiff Austin Long was caused to suffer physical, mental, emotional and psychological
11
injuries, and plaintiff Austin Long suffered and may continue to suffer in the future great
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PHONE (907) 277-0161
amounts of physical, mental, emotional and psychological pain with resultant physical disability,
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and mental suffering.
14
63. As a direct and proximate result of the above-described injuries, plaintiff Austin
15
Long was prevented from earning income, and has suffered loss of enjoyment of life, and pain
16
and suffering. In addition to what plaintiff has already suffered because of his injuries, plaintiff
17
may be prevented from, and may in the future be prevented from enjoying the enjoyments and
18
pursuits of life, and plaintiff has further incurred, and will in the future incur lost income,
19
medical expenses, pain and suffering, anguish, psychological stress, disability and loss of
20
enjoyment of life, all to plaintiff’s damage in the sum in excess of One Hundred Thousand
21
Dollars ($100,000.00), to be proven more definitely at trial in this matter.
22
23
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25 COMPLAINT
1 COUNT IV
2 CLAIMS OF TAYLOR LONG
3 GENERAL MARITIME LAW NEGLIGENCE, GENERAL MARITIME LAW
4 OF EMOTIONAL DISTRESS
6 65. On or about August 15, 2016, plaintiff Taylor Long was a crew member aboard
7 the F/V TEMPTATION.
8 66. On or about August 15, 2016, plaintiff Taylor Long was the owner of a GoPro
9
camera, which he mounted on the top of the aft cabin section of the TEMPTATION.
10
67. Plaintiff Taylor Long saw the F/V SILVER STREAK and F/V CHUGACH
11
PEARL strike the F/V TEMPTATION.
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68. Defendants owed plaintiff Taylor Long a duty of reasonable care under the
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14
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and body.
16
17
18
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70. In conjunction with their duty of reasonable care, defendants owed plaintiff
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Taylor Long duties as set forth within 72 COLREGS; including without limit those duties set
21
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Rule 9 (Narrow Channels), Rule 15 (Crossing), Rule 16 (Action by Give-Way Vessel), and Rule
23
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25 COMPLAINT
1 71. Per 46 U.S.C. § 2303, defendants also owed plaintiff Taylor Long a duty of
2 reasonable care to render plaintiff assistance.
3 72. Defendants breached duties owed plaintiff Taylor Long by, without limit, failing
4 to operate their vessels at a safe speed, failing to avoid collisions, failing to take actions to avoid
5 collision, failing to give way or standby, failing to provide plaintiff with a safe means through a
6 narrow channel, and failing to render assistance after the collisions.
7 73. As a direct and proximate result of defendants’ negligence and/or negligence per
8
se, plaintiff Taylor Long was caused to suffer physical, mental, emotional and psychological
9
injuries, and plaintiff suffered and may continue to suffer in the future great amounts of physical,
10
mental, emotional and psychological pain with resultant physical disability, and mental suffering.
11
74. As a direct and proximate result of the above-described injuries, plaintiff Taylor
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Long was prevented from earning income, and has suffered loss of enjoyment of life, and pain
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and suffering. In addition to what plaintiff has already suffered because of his injuries, plaintiff
14
may be prevented from, and may in the future be prevented from enjoying the enjoyments and
15
pursuits of life, and plaintiff has further incurred, and will in the future incur lost income,
16
17
enjoyment of life, all to plaintiff’s damage in the sum in excess of One Hundred Thousand
18
Dollars ($100,000.00), to be proven more definitely at trial in this matter.
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COUNT V
20
CLAIMS OF HERBERT JENSEN AND BARBARA JENSEN
21
GENERAL MARITIME LAW NEGLIGENCE
22 & GENERAL MARITIME LAW NEGLIGENCE PER SE
23 75. Plaintiffs’ hereby reallege and incorporate Paragraphs 1 - 74.
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25 COMPLAINT
1 76. Spindrift Fisheries, LLC is the owner of the F/V TEMPTATION.
2 77. The sole member of Spindrift Fisheries, LLC is the Herbert and Barbara Jensen
3 Alaska Community Property Trust. Plaintiffs Herbert and Barbara Jensen are the co-trustees of
4 this trust.
5 78. For over 10 years, plaintiffs Herbert Jensen and Barbara Jensen had an
6 agreement/contract with Cordova District Fishermen United for the use and provision of the F/V
7 TEMPTATION in the SERVS Vessel of Opportunity program. Under this agreement/contract,
8
the F/V TEMPTATION participated in Tier 1 Vessel Readiness Exercises, Winter Maintenance,
9
and Tier One Availability Bonuses. Plaintiffs Herbert Jensen and Barbara Jensen had ongoing
10
agreements for the participation of the F/V TEMPTATION in these programs for 2016 and 2017.
11
79. Defendants owed plaintiffs Herbert Jensen and Barbara Jensen a duty of
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reasonable care under the circumstances; including a duty to operate their vessels in a safe and
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reasonable manner, at all times observing all navigation rules and principles so as to prevent
14
harm and injury to property and body.
15
16
17
18
81. In conjunction with their duty of reasonable care, defendants owed plaintiffs
19
Herbert Jensen and Barbara Jensen duties as set forth within 72 COLREGS; including without
20
limit those duties set forth under Rule 6 (Safe Speed), Rule 7 (Risk of Collision), Rule 8 (Action
21
to Avoid Collision), Rule 9 (Narrow Channels), Rule 15 (Crossing), Rule 16 (Action by Give-
22
Way Vessel), and Rule 17 (Action by Standby Vessel).
23
82. Per 46 U.S.C. § 2303, defendants also owed plaintiffs Herbert Jensen and Barbara
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25 COMPLAINT
1 Jensen a duty of reasonable care to render the F/V TEMPTATION and her crew assistance.
2 83. Defendants breached duties owed plaintiffs Herbert Jensen and Barbara Jensen,
3 by, without limit, failing to operate their vessels at a safe speed, failing to avoid collisions,
4 failing to take actions to avoid collision, failing to give way or standby, failing to provide the
5 F/V TEMPTATION with a safe means through a narrow channel, and failing to render assistance
6 after the collisions.
7 84. When the F/V SILVER STREAK and F/V CHUGACH PEARL struck the F/V
8
TEMPTATION, the F/V TEMPTATION was severely damaged.
9
85. As a result of the collisions, the F/V TEMPTATION’s port engine was rendered
10
inoperable, and the vessel eventually required towing by a tender vessel back to Cordova,
11
Alaska.
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PHONE (907) 277-0161
86. Upon arrival in Cordova, the vessel was hauled out for repairs and remained
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inoperable for the remainder of 2016. As of the filing of this complaint, the vessel is still under
14
repair, and remains inoperable. Structural damage to the F/V TEMPTATION is in the hundreds
15
of thousands of dollars.
16
87. As a result of the collisions and resulting damage to the F/V TEMPTATION,
17
plaintiffs Herbert Jensen and Barbara Jensen were unable to participate in their
18
agreement/contract for use of the F/V TEMPTATION in the SERVS Vessel Opportunity
19
program, or otherwise make use of the vessel in a commercial fashion.
20
21
se, plaintiffs Herbert Jensen and Barbara Jensen incurred losses and damages, including without
22
limit:
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a. lost fishing time and income;
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25 COMPLAINT
1 b. lost charter, lease, and other contractual based income;
2 COUNT VI
3 CLAIMS BY ALL PLAINTIFFS
4 ALTERNATIVE GENERAL MARITIME LAW CLAIM OF
INTENTIONAL TORT & PUNITIVE DAMAGES AGAINST IN PERSONAM
5 DEFENDANTS KAMI CABANA & JACOB R. WISE
7 90. In the event the facts in this matter establish that the actions of the in personam
8
defendants Kami Cabana and Jacob Wise in causing the collision as alleged in paragraphs 19-23
9
above were intentional and/or willful and/or grossly negligent and/or callous and/or done with a
10
deliberate disregard of plaintiffs’ well-being, plaintiffs herein bring claims of intentional tort and
11
punitive damages under the general maritime law against these two in personam defendants.
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PHONE (907) 277-0161
The claims of intentional tort give rise to a preferred maritime lien against the in rem defendants.
FAX (907) 277-0164
330 L STREET
13
91. As a direct and proximate result of the intentional torts of in personam defendants
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Kami Cabana and Jacob Wise, plaintiffs were caused to suffer physical, mental, emotional and
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psychological injuries, and plaintiffs suffered and may continue to suffer in the future great
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amounts of physical, mental, emotional and psychological pain with resultant physical disability,
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and mental suffering; as well as the other damages as set forth in paragraph 88.
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92. As a direct and proximate result of the above-described injuries, plaintiffs were
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prevented from earning income, incurred medical costs, suffered loss of enjoyment of life, and
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pain and suffering. In addition to what plaintiffs have already suffered because of their injuries,
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plaintiffs were prevented from, and will in the future be prevented from enjoying the enjoyments
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and pursuits of life, and plaintiffs have further incurred, and will in the future incur lost income,
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25 COMPLAINT
1 enjoyment of life, all to plaintiffs’ damages in the sum in excess of One Hundred Thousand
2 Dollars ($100,000.00), to be proven more definitely at trial in this matter.
3 93. Defendants Kami Cabana’s and Jacob Wise’s actions in causing the collisions and
4 resulting damages as alleged herein constitute gross negligence, and/or were willful, intentional,
5 callous, and/or done with a deliberate disregard of plaintiffs’ well-being; thereby subjecting these
6 in personam defendants, or any one of them, to punitive damages under the general maritime
7 law.
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WHEREFORE, PREMISES CONSIDERED, plaintiffs pray this Court to hear their just
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causes of action, and that this Court require defendants to answer their just causes of action, and
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that they be awarded judgment against defendants as follows:
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1. That plaintiffs GERALD CUNNINGHAM, JASON LONG, AUSTIN LONG, and
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PHONE (907) 277-0161
TAYLOR LONG be awarded damages, general, special and/or exemplary, against Defendants
FAX (907) 277-0164
330 L STREET
13
jointly and severally in a sum in excess of $100,000.00, in an amount to be more fully
14
determined at trial in this matter.
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2. That plaintiffs HERBERT JENSEN and BARBARA JENSEN be awarded
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damages, general, special and/or exemplary, against Defendants jointly and severally in a sum in
17
excess of $100,000.00, in an amount to be more fully determined at trial in this matter.
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3. That the defendant CHUGACH PEARL be held to answer to an in rem judgment,
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with all available in rem procedures; and that plaintiffs be adjudged as a holder of a preferred
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maritime lien against the vessel.
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4. That the defendant SILVER STREAK be held to answer to an in rem judgment,
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with all available in rem procedures; and that plaintiffs be adjudged as a holder of a preferred
23
maritime lien against the vessel.
24
25 COMPLAINT
1 5. That plaintiffs be awarded punitive damages against the in personam defendants
2 Kami Cabana and Jacob Wise, or any one of them, for gross negligence, and/or their willful,
3 intentional, and/or callous conduct in causing the collisions and damages herein alleged, all done
4 with a deliberate disregard of plaintiffs’ well-being, in an amount to be more fully determined at
5 trial in this matter.
6 6. That plaintiffs be awarded attorney’s fees, prejudgment interest, post-judgment
7 interest, costs, and any other relief in law or equity to which plaintiffs are shown to be entitled.
8
DATED this 10th day of April, 2017.
9
JOHNSON KAMAI & TRUEB, LLC
Attorneys for Plaintiffs
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By: /s/ Lanning M. Trueb
Lanning M. Trueb, ABA No. 8911083

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PHONE (907) 277-0161
FAX (907) 277-0164
330 L STREET
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25 COMPLAINT

Federal Personal Injury Complaint

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Federal Personal Injury Complaint

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1 Lanning M. Trueb, ABA No.

Case No.: 3:17-cv-________

13 KAMI C. CABANA, in personam;

BASIC FACTUAL ALLEGATIONS

NEGLIGENCE PER SE & GENERAL MARITIME LAW NEGLIGENT INFLICTION

31. Plaintiffs hereby reallege and incorporate Paragraphs 1 – 30.

reasonable care to render plaintiff assistance.

23 75. Plaintiffs’ hereby reallege and incorporate Paragraphs 1 - 74.

Lanning M. Trueb, ABA No. 8911083

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