VESSEL operators Cabras Marine Corporation and Saipan Crew Boats Inc. have denied Kyle Podziewski’s claims of negligence when he got injured while climbing the ladder of a prepositioning ship in January.
Represented by attorneys Robert T. Torres and Joaquin C. Arriola, the vessel operators “respectfully request” the federal court that the plaintiff “take nothing by way of his complaint.”
The attorneys raised affirmative defenses, denied Podziewski’s claims, and denied any liability for their clients.
They said Podziewski “failed to mitigate his damages,” and his “claims are barred in whole or in part by abandoning or rejecting recommended medical treatment of his condition.”
His claims are also “barred by willful misconduct,” the lawyers said, adding that the plaintiff “assumed the risk of harm and conduct in which he was engaged.”
Moreover, his “claims are barred as the harm he alleges was caused by an act of God.”
He was also “given adequate warning of the risk of harm he now complains injury resulted from,” the lawyers stated.
Podziewski’s complaint was initially filed in Superior Court but later transferred by the defendants to the District Court for the NMI.
Represented by attorney David Banes, Podziewski filed a negligence complaint against the vessel operators on Aug. 6, 2024.
Ferry ride
According to his complaint, on Jan. 26, 2024, Podziewski was a passenger of the Leatherneck for a ferry ride to one of the preposition ships provided by the vessel operators.
The Leatherneck departed from the Saipan shore and eventually got close to the prepositioning ship that Podziewski wanted to visit.
The boat crew positioned the Leatherneck so that its rear was facing the rear of the prepositioning ship and pressed against it.
The deck of the prepositioning ship was much higher than the deck of the Leatherneck, the lawsuit stated.
A ladder was permanently attached to the rear of the prepositioning ship, extending down from its deck for people on the deck of the Leatherneck to climb up.
“Without giving any training or instructions to passengers as to how to get onto the ladder and board the prepositioning ship, the boat crew started to have passengers who were going to visit the ship climb up the ladder one after another,” the lawsuit stated.
After one passenger climbed up, the deckhands told Podziewski that it was his turn to go up, the lawsuit added.
On the ladder
Podziewski got onto the ladder to go up. As he got onto the ladder from the deck of the Leatherneck, it rose relative to the prepositioning ship.
One foot and leg of Podziewski, “who was no longer on Leatherneck but was now on the ladder, was below the level of the deck of Leatherneck, which had risen relative to the prepositioning ship. Right at that moment, the captain of the Leatherneck, without making sure it was safe to continue to reverse and without paying attention to the position of Podziewski on the ladder, continued to reverse Leatherneck into the prepositioning ship to keep the two vessels pressed against each other,” the lawsuit stated.
“Had the captain simply checked where Podziewski was, he would have realized that continuing to reverse the Leatherneck at any speed, let alone to accelerate the vessel, would cause the boat to crush Podziewski’s foot and leg against the prepositioning ship,” the lawsuit stated.
“None of the other boat crew were on the lookout to signal the captain to keep a distance away from the prepositioning ship while Podziewski was not clear of the deck of Leatherneck,” the lawsuit added.
“Just before the Leatherneck crushed his foot and leg against the prepositioning ship, Podziewski realized that Leatherneck was reversing at a high speed and realized that his foot and leg were going to be caught between the two vessels because there was not enough time for him to get his foot and leg entirely above the deck.
“Podziewski only managed to turn his foot and leg sideways right before being crushed between the boat and the ship.
“The one foot and leg of Podziewski were caught between Leatherneck and the prepositioning ship as the captain continued [reversing], which caused Podziewski to be caught between two vessels and violently crushed as the vessels collided.
“Had he not turned his foot and leg sideways, the crushing of his leg would have resulted in even worse injuries,” the lawsuit stated.
“Subsequently, Podziewski was able to free his crushed foot and leg and made it up to the deck of the prepositioning ship using the ladder. He was then told to head back to shore to seek medical treatment as the injury was serious.”
‘Crushing’
According to the lawsuit, none of the boat crew on the Leatherneck had adequate training or adequate first aid supplies to treat Podziewski.
“Eventually, after Podziewski arrived back at shore, he went to the emergency room at the hospital in Saipan. He was diagnosed as having suffered a ‘crushing’ and was (and still is) unable to use his crushed foot and leg.
“Through months of physical therapy and wound treatment, Podziewski is recovering but has been advised that his injury will take an additional 18 months to heal,” the lawsuit stated.
He is seeking compensatory damages in an amount to be proven at trial; to the extent permitted by law, punitive damages; to the extent permitted by law, attorneys’ fees and costs; and such other just and equitable relief as the court deems just and proper.
Podziewski is also asking for a trial by jury.
