The complaint and demand for jury trial was filed by Norris Osiik Omengkar in federal court through his lawyer Bruce Berline against Marianas Aqua Sports Marine Corp, APA Dive & Marine Sports Inc. and five others.
Omengkar is asking the federal court to issue a judgment against the defendants for general, special and punitive damages in an amount to be determined at trial, costs of suit, pre-judgment and post-judgment interest, attorney’s fees and other relief as deemed lawful by the court.
The plaintiff filed five causes of action against the defendants for Jones Act negligence for failing to provide reasonably safe conditions to work with safe equipment; for unseaworthiness, maintenance and cure/wages, negligence and negligence per se.
The plaintiff stated in his complaint that the defendants hired and employed him as a seaman assigned to be a member of the crew aboard the Vessel Splash 11.
On Oct. 11, 2008, the plaintiff said the vessel was used by the defendants to transport him and nine other people to a dive site near the Managaha waters.
He said he was tasked to tie the vessel to a mooring so the passengers could start to dive.
He said he attempted to tie the mooring but while placing the mooring line on the vessel’s cleat, the mooring line tightened, trapping and lacerating severely his left index finger.
He said efforts of medical personnel to save his finger though various surgical procedures failed and his left index finger was amputated.
The plaintiff said the boat was overcrowded with people and equipment when the incident happened.
He claimed that because of the incident, he sustained permanent and painful injuries of body and mind, and he will continue to incur medical, hospital and other related expenses.
He may also continue to lose wages.
The plaintiff added that he was performing his duties on board the vessel when he was injured.
The federal court has given the defendants 20 days to answer the complaint.
