EDWARDSVILLE — A former transport vessel engineer who suffered injuries claims the boat was allowed to be in service even with a negligent captain and the vessel's known unseaworthiness.
Michael Myers filed a complaint April 26 in the Madison County Circuit Court against Magnolia Marine Transport Company and Phillips 66 Company, alleging negligence, breach of warranty of seaworthiness and breach of duty to provide cure.
Myers was the chief engineer and a crew member of the defendant's M/V Magnolia, according to his complaint. He alleges that in April 2018, he told the vessel's captain and the defendants that the vessel's backup generator, fuel pump and "multiple fuel injectors" were inoperative. Myers claims that despite his warnings, the defendants kept the vessel in operation. Then on May 3, 2018, the deck plate came out from under him and caused him to fall while he was trying to repair the generator before the boat docked at Phillips 66. He alleges he was asked not to fill out an accident report and was denied requests to seek medical treatment.
In addition, Myers alleges the vessel's captain thanked him for delaying his accident report so he could pass a drug test and that the captain had previous incidents with positive drug tests and had crashed a rental vehicle.
Myers seeks monetary relief of more than $74,000, interest and all other just relief. He is represented by Roy Dripps, Charles Armbruster and Michael Blotevogel of Armbruster Dripps Winterscheidt & Blotevogel LLC in Maryville.
Madison County Circuit Court case number 21-L-000499