Cape Fear Victims' Families File Suits

Cape Fear Victims' Families File Suits
By Dan Ring
The Standard-Times
May 6, 1999

BOSTON - The families of two fishermen who died in the Cape Fear accident are suing the owner of the boat for a combined $12 million, saying the vessel was not seaworthy and the two men suffered before their deaths.

In separate lawsuits filed in U.S. District Court in Boston, the family of Paul J. Martin of Fairhaven is asking for $5 million and the parents and son of Steven M. Reeves of New Bedford are asking for $7 million.

The Cape Fear, a clamming vessel, sank in Buzzards Bay near Cuttyhunk on the night of Jan. 8. The Coast Guard still is investigating the cause.

"The key part of the case is the pain and suffering both of these individuals endured before their deaths," Carolyn M. Latti of Latti Associates in Boston, attorney for both the families, said last night.

The families are suing Cape Fear Inc. of Cape May, N.J., the corporation that owns the vessel, which remains submerged in Buzzards Bay. No one from the company could be reached last night.

The suit seeks $3 million for the conscious pain and suffering of each fisherman and additional damages for the loss of support, services, nurture and guidance, Ms. Latti said. The owner of the boat does have insurance, she said.

The suits were filed under the Merchant Marine Act of 1920, which allows for recovery of damages by fishermen who prove negligence on the part of an employer, Ms. Latti said.

The body of Mr. Reeves, 29, still is missing. About 12 hours after the accident, the body of Mr. Martin was found washed up on shore near Horseneck Beach in Westport. Mr. Martin was still wearing his orange survival suit.

Three other men on the 106-foot Cape Fear - Steven Novack, the captain, and crewmen James Haley and Joseph Lemieux - were rescued by a nearby ship, the Misty Dawn.

The Misty Dawn responded to the captain's distress call and found the survivors hanging onto a floating plank in frigid seas.

Although the Coast Guard still is investigating the cause of the sinking, Ms. Latti said the Cape Fear was loaded beyond its capacity with cages for holding sea clams. She also said that a lower-deck hatch was stuck open and could not be closed.

Ms. Latti said she also will be investigating to determine if the accident was related to a major overhaul and reconstruction on the Cape Fear that occurred about two years ago. During a Coast Guard hearing in January, the captain testified that workers added a new middle section to the boat after sawing the vessel into two pieces.

The captain also said at the hearing that shortly before the sinking, a wave burst over the boat's stern, tipping the vessel back.

As one example of conscious pain and suffering, Ms. Latti cited testimony by the captain that he could faintly hear Mr. Reeves yelling for help after the ship sank.

Mr. Martin's parents, Anthony F. Martin Sr., Mary C. Martin; two brothers, Anthony F. Martin, Jr. and Dennis Martin; and a sister, Helen Best, are plaintiffs in one lawsuit.

Mr. Reeves's mother and father, Susan Allen of New Bedford and Carl A. Reeves; and his 4-year-old son, Tyler S. Reeves, are plaintiffs in the other suit.