TAMPA – Three companies and owners of a vessel alleges a former Manatee County man has filed a claim against them and seek declaratory judgment.
Emerald Marine Holdings LTD, Bluewave Investments LTD and Bluewave Marine Holdings LTD filed a complaint on July 26 in the Tampa Division for the Middle District of Florida against David Anderson seeking declaratory judgment from the court.
According to the complaint, the plaintiffs allege that Anderson was a yacht captain with them beginning in 2010. The suit states that Anderson suffered from an ear infection while in service in March 2015 and was treated at a hospital in Costa Rica. Anderson was allegedly diagnosed with leukemia the following month, and the defendants have provided him maintenance and cure expenses of more than $15,000 as well as paid him a monthly salary until the termination of his employment in July.
The plaintiffs state Anderson has filed a $5 million maritime claim against them alleging he was not provided prompt and adequate medical care.
The plaintiffs seek declaration that the laws of the United States do not apply to the defendant's claims, declare that the plaintiffs have satisfied their obligations to the defendant, declare that the defendant is not entitled to receive ongoing maintenance and cure, and any other relief as the court deems just. They are represented by Robert B. Birthisel, Jules V. Massee, Stacey L. Papp and Michael E. Spain of Hamilton, Miller & Birthisel LLP in Tampa.
Tampa Division for the Middle District of Florida Case number 8:16-cv-02152-JDW-AEP