Unfortunate Finds in Fisherman’s Boot: Jellyfish and a Civil Lawsuit

Corcoran v. Gervais, No. C21-0001JLR, 2023 WL 316135; 2023 U.S. Dist. LEXIS 9636 (W.D. Wash. Jan. 19, 2023).

Author: Emma Aucoin

            This matter was brought before the court by defendant Tim Gervais on a motion for summary judgment regarding the plaintiff’s claims for negligence, unseaworthiness, and unpaid wages. Plaintiff Kenny Corcoran opposed the motion and asserted that his claims for negligence and unseaworthiness must proceed to trial.

            Mr. Gervais, owner of F/V WOLVERINE (“the Vessel”), welcomed Corcoran to the Vessel’s crew on July 27, 2019 in Chignik, Alaska. The plaintiff left the Vessel on August 30, 2019, due to a developing foot infection allegedly caused by excess “jellyfish and water and slime” in his boots. Corcoran previously notified Gervais of the pain that his continually wet boots caused him. Gervais suggested using the Vessel’s diesel stove which provided the means for the crew to dry their footwear. After his last day working on the Vessel, the plaintiff sought medical care for his feet and received an assessment which concluded that Mr. Corcoran suffered from a fungus skin infection (Athlete’s Foot) as well as a severe infection under the skin, otherwise known as “Trench Foot.”

            With respect to the negligence and unseaworthiness claims, he alleged that his foot injuries were a result of being forced to wear wet boots. The plaintiff further asserted that the defendant did not provide a reasonably safe place to work by failing to offer accommodations that would allow crew members to dry their boots. Contrary to his original complaint, Corcoran’s contended that the real cause of his malady was the jellyfish that were constantly in his boots, rather than his boots being perpetually wet.

            The court’s determination weighed heavily on the fact that much of Corcoran’s own testimony negated his claims. Corcoran testified that Gervais did nothing wrong to cause the foot injuries, that he was never forced to wear wet boots, and that Gervais did in fact provide reasonable accommodations to dry his boots, all of which contradicted the plaintiff’s claim for negligence. Additionally, Corcoran’s testimony revealed that the Vessel’s elevated set up is what caused the jellyfish to rise above his knees and into his boots. He proceeded by explaining this “set up” made it possible to hold more salmon and that there was nothing else wrong with the Vessel that caused his foot issues. Thus, based on Corcoran’s own testimony, the trial judge concluded that a reasonable fact finder would not conclude that the Vessel was not fit for its intended use. 

            In conclusion, the court granted the defendant’s motion for summary judgment and dismissed the plaintiff’s claims for negligence and unseaworthiness on the grounds that Corcoran did not meet his burden of proof for either claim.