Jones Act Stabbing Aboard Vessel: Crewmember Suffers Severe PTSD After Witnessing Fatal Attack

Case Overview

Neil Nazareth of the Nazareth Law Firm has been retained to represent Jordon M. Armstrong in a maritime personal injury case arising from an incident aboard a vessel owned and operated by Westbank Fishing, L.L.C. The lawsuit is pending in the Eastern District of Louisiana and asserts claims under the Jones Act, general maritime law for unseaworthiness, and, alternatively, 33 U.S.C. § 905(b) of the Longshore and Harbor Workers’ Compensation Act.

The Incident

Mr. Armstrong was a crewmember of the M/V Frances T. Carinhas, owned by Westbank Fishing, L.L.C. During an altercation in the vessel’s bunk area, one crewmember fatally stabbed another crewmember in one of the staterooms.

Mr. Armstrong was in the room in his bunk and not only witnessed the attack, but the victim also fell onto him as he was being stabbed, covering him in the victim’s blood. As a result, he was directly exposed to a traumatic event involving severe physical injury, substantial blood loss, chaos aboard the vessel, and fear for his own safety and survival.

Negligence and Unseaworthiness

As a result of the negligent and reckless conduct that led to the incident — including the dangerous condition created by the crewmember and the negligence of Westbank Fishing, L.L.C. — Mr. Armstrong developed severe psychological and emotional injuries.

Maritime law imposes duties on vessel owners and operators that go beyond ordinary negligence standards. A vessel owner has an obligation to provide a crew that is reasonably fit and competent for their assigned duties, and to maintain safe living and working conditions aboard the vessel. The presence of a dangerous crewmember and the failure to maintain a safe environment can give rise to claims for both Jones Act negligence and unseaworthiness.

Injuries Sustained

Mr. Armstrong developed severe psychological and emotional injuries that include, but are not limited to:

• Post-traumatic stress disorder (PTSD)
• Anxiety and depression
• Sleep disturbance and nightmares
• Panic attacks
• Emotional distress and fear responses
• Flashbacks

These injuries have impaired his ability to return to maritime employment and have substantially affected his earning capacity, emotional well-being, relationships, and quality of life.

Mr. Armstrong continues to receive medical treatment and has incurred, and will continue to incur, medical and related expenses, the full extent of which is not yet known.

Maritime Law: Key Legal Principles

The Jones Act

The Jones Act provides American seamen with the right to sue their employers for negligence. A seaman need only show that the employer’s negligence played any part, however slight, in causing the injury. Recoverable damages include past and future medical expenses, lost wages, loss of earning capacity, and pain and suffering — and emotional and psychological injuries are compensable where a seaman is exposed to a traumatic event such as this one.

Unseaworthiness

Under general maritime law, a vessel owner has an absolute and non-delegable duty to provide a seaworthy vessel. This includes a duty to provide a crew that is reasonably fit and competent. A crew member who poses a danger to others can render a vessel unseaworthy, exposing the owner to liability for resulting injuries.

Pending Litigation

This maritime case is currently pending in the Eastern District of Louisiana. The litigation will encompass discovery into the vessel’s crew, safety procedures, and the circumstances of the attack, as well as expert testimony regarding the nature and extent of Mr. Armstrong’s psychological injuries and their impact on his earning capacity and quality of life.

Maritime Injury Representation

The Nazareth Law Firm has extensive experience representing injured seamen and maritime workers in cases involving Jones Act negligence, unseaworthiness under general maritime law, maintenance and cure disputes, and Longshore and Harbor Workers’ Compensation Act (LHWCA) claims. We handle maritime cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you.