A Louisiana man is suing a Texas fishing captain following injuries suffered while working on the captain’s vessel. David Robling, the plaintiff, was working aboard the fishing boat, Red Bull, on February 20, 2019, when he suffered injuries resulting from the negligence and unseaworthiness of the ship-captain, Delbert E. Bull, Jr. The suit, filed in the Galveston County District Court, is in accord with the Jones Act, specifically 46 U.S.C. §30104, which protects seamen injured in the course of their employment and which affords them the right to legal action and a trial by jury against the ship’s owner.
According to Robling’s complaint, the ship’s captain, Bull, turned on the boat’s winch without warning the crew. As a result, the boards, nets, and tickler chains were thrown overboard. Without time to react, Robling found himself in the path of the chains, which wrapped around his chest and violently threw him to the deck of the boat. Unable to free himself, Robling was then struck by other falling equipment leading to injuries and mental anguish.
This is not Robling’s first legal encounter with Galveston’s maritime industry. In 2015, Robling filed a complaint against a shipping company after he tripped on equipment that the previous crew had left behind. The fall left Robling with serious and disabling injuries that could have been avoided had the ship’s owner or crew properly maintained the ship and its equipment or warned him of the existing hazards on deck.