Coast Guard Suspends Search for Two Fishermen Presumed Lost at Sea

This video from WCVB-TV discusses a rescue capsule discovered in a Saugus marsh. The Gloucester Times reported that the pod, marked Foxy Lady II on the side, was found around the same time that the US Coast Guard (USCG) called off the night’s search for the missing 45-foot scalloper and its two crewmembers. Captain Wally “Chubby” Gray Jr., 26, and Wayne Young, 50, disappeared after setting out to sea on December 15, 2012, and have since been presumed lost at sea.

According to the Boston Globe, around 80 people attended a vigil in Gloucester on Christmas Eve for the two fishermen. The Times reported that Gray was text messaging his girlfriend through noon on the Saturday that the Foxy Lady II went out to sea, but she reported the vessel overdue to the USCG the following Monday morning. The last known location of the fishing boat was around 15 miles north of Provincetown, and Search and Rescue considered the fact that the Foxy Lady II’s emergency position-indicating radio beacon (EPIRB) had not been transmitting to be “a reason for optimism,” according to the Times.

Angela Sanfilippo, president of The Gloucester Fishermen’s Wives Association, told the Globe that she does not believe Gray and Young are alive, but still hopes their bodies will be found. “When the bodies are recovered, you do put a closure to things,” Sanfilippo told the Globe.

The Salem News reported that Gray and Young would be the seventh and eighth men to lose their lives fishing out of Gloucester since 2009.  Fisherman qualify as seamen for the purposes of the Jones Act are unique in that a fisherman or his family can sue his employer for an injury or death.  A fisherman does not receive workers compensation, rather under the law can recover damages for negligence under the Jones Act and unseaworthiness under general maritime law.  The damages recoverable under the law depends a variety of circumstances, particularly whether there has been an injury or a death. In a death case, there are many factors that can limit the amount of damages the family of a deceased fisherman  can recover and it is important that you contact a maritime attorney to understand under the law what the family of a deceased fisherman is entitled too.

Latti & Anderson LLP has obtained numerous multi-million dollar verdicts and settlements for clients, and you can find more information about the Jones Act by visiting our website. If you or a loved one is a fisherman who was injured because of employer negligence or the unseaworthiness of a vessel, contact our firm today at (800) 392-6072 or fill out the form on this page to have our Jones Act attorneys review your case.

Latti & Anderson LLP – Jones Act lawyers