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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI-DADE DIVISION

"IN ADMIRALTY"

Case No.: 1:22-cv-23115-JEM

PANO CALAVRIAS

Plaintiff.

v. 

QUARANTENA, LLC.

Defendant.

______________________/

PLAINTIFF’S MOTION FOR LEAVE TO AMEND

COMES NOW, The Plaintiff, PANO CALAVRIAS, by and through 

undersigned counsel, files this Motion for Leave to Amend pursuant to Federal Rule 

of Civil Procedure 15(a) and in support thereof states as follows: 

1. This case arises out of an incident which occurred on a vessel owned 

by the Defendant. 

2. The Captain of the Vessel maneuvered the Vessel while the Plaintiff 

was adjusting the dock lines on a mechanical winch, causing the Plaintiff’s fingers 

to be amputated. 

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3. The Crew aboard the vessel incorrectly placed the Plaintiff’s amputated 

fingers on ice which caused frostbite. Due to the frostbite, Plaintiff’s fingers cannot 

be reattached.

4. Plaintiff filed this lawsuit on September 26, 2022. 

5. Plaintiff has recently discovered entities affiliated with the Vessel 

owned by the current Defendant, including a management company which provided 

the crew members on the day of incident, the Captain of the Vessel, and the 

Company in which the Vessel is registered to. These entities and the individual 

should be listed as Defendants in this suit. 

6. According to Federal Rule of Civil Procedure 15(a)(1), “a party may 

amend its complaint once without the permission of the Court within 21 days after 

serving the complaint...”

7. Plaintiff is having difficulty locating the registered agent for the current 

Defendant in order to properly serve them with the current Complaint. 

8. Therefore, Plaintiff is requesting leave of Court to file the Amended 

Complaint with the additional Defendants and corresponding causes of actions to 

avoid undue delay in pursuing Plaintiff’s claims against the additional parties.

9. Additionally, the additional potential defendants may be able to assist 

Plaintiff in locating the registered agent for the current named Defendant, due to the 

additional Defendants affiliations with the current Defendant. 

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10. Federal Rule of Civil Procedure 15(a) requires that leave to file an 

amended complaint be “freely given when justice so requires.” 

11. “Court should only deny leave to amend a pleading when: (1) 

amendment would be prejudicial to opposing party; (2) there has been bad faith or 

undue delay on part of the moving party; or (3) amendment would be futile.” Taylor 

v. Florida State Fair Authority, 875 F.Supp. 812 (M.D. Fla. 1995).

12. In this case, the amendment would not be prejudicial to the current 

Defendant because this suit is in the very early stages of litigation. 

13. Secondly, there has not been bad faith on the part of the Plaintiff or 

undue delay. Plaintiff is attempting to plead all liable Defendants as early as possible 

in order to resolve the suit swiftly and avoid prolonged litigation. Additionally, 

Plaintiff filed suit four days prior to the filing of this motion.

14. Lastly, allowing the amendment would not be futile as adding the 

additional defendants as parties to the suit is necessary in order to make the Plaintiff 

whole.

15. Plaintiff has attached Plaintiff’s Proposed Amended Complaint as 

Exhibit “A” and proposed Order granting Leave to Amend as Exhibit “B”. 

WHEREFORE, The Plaintiff would respectfully request this Court to grant 

Plaintiff’s Motion for Leave to Amend and allow Plaintiff to Amend the Current 

Complaint and all other relief the Court deems appropriate.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on September 30, 2022, I electronically filed the 

foregoing document with the Clerk of the Court using CM/ECF. I also certify that 

the foregoing is being served this day on all counsel of record identified on the 

attached Service List in the manner specified, either via transmission of Notices of 

Electronic Filing generated by CM/ECF or in some other authorized manner for 

those counsel or parties who are not authorized to receive electronically notices of 

Electronic filing. 

By: /s/ Patricia Francois 

Patricia Francois, Esq.

FBN: 1018548

Counsel for Plaintiff

Case 1:22-cv-23115-JEM Document 5 Entered on FLSD Docket 09/30/2022 Page 4 of 37
EXHIBIT “A”

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI-DADE DIVISION

"IN ADMIRALTY"

Case No.: 1:22-CV-23115-JEM

PANO CALAVRIAS

Plaintiff.

v. 

QUARANTENA, LLC., 

PHILLIPS MARINE GROUP, LLC.,

PLACES LUXURY RENTALS, LLC.,

and CODY STRICKLAND

Defendant.

______________________/

PROPOSED AMENDED COMPLAINT

COMES NOW, Plaintiff, PANO CALAVRIAS (hereinafter 

“CALAVRIAS”), by and through undersigned counsel, hereby files this Amended 

Complaint against Defendant, QUARANTENA, LLC (hereinafter 

“QUARANTENA”), PHILLIPS MARINE GROUP, LLC, (hereinafter 

“PHILLIPS”), PLACES LUXURY RENTALS, LLC. (hereinafter “PLACES”) and 

CODY STRICKLAND (hereinafter “STRICKLAND”) and in support states as 

follows: 

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FACTS

1. At all times material hereto, The Plaintiff was employed by the 

Defendant PHILLIPS MARINE GROUP, LLC as a mate aboard a seventy-six yacht 

named the “M/Y Quarantena HIN YAMA2252l021” (hereinafter “The Vessel”), 

owned by the Defendant, QUARANTENA, LLC. 

2. The Vessel is registered to PLACES LUXURY RENTALS, LLC. 

3. During Plaintiff’s contracts aboard The Vessel, he was required to 

perform routine shipboard maintenance, including assisting in docking The Vessel. 

4. On or about July 23, 2022, Plaintiff was aboard The Vessel in his 

capacity as a First Mate.

5. On or about July 23, 2022, Defendant, Captain CODY STRICKLAND,

was attempting to dock The Vessel at the Island Gardens Marina located at 888 

McArthur Causeway Miami, FL 33132. 

6. As Defendant STRICKLAND was attempting to dock The Vessel and 

The Vessel became still, the Plaintiff realized that the dock lines needed to be 

readjusted so The Vessel could be properly placed at the dock. 

7. The Plaintiff called Defendant STRICKLAND on a radio to inform 

Captain STRICKLAND that the Plaintiff was going to readjust the portside dock 

lines on the mechanical winch. 

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8. While attempting to wrap the third line on the above referenced winch, 

Defendant STRICKLAND put The Vessel into gear, causing The Vessel to shift, the 

dock lines to tighten, and leading to the amputation of the top knuckle of Plaintiff’s 

middle and index finger located on the Plaintiff’s left hand.

9. Immediately after the tips of Plaintiff’s two above mentioned fingers 

were amputated, one of the stewardesses attempted to render the Plaintiff aid, 

however The Vessel did not have a first aid and/or trauma kit aboard.

10. The stewardess attempted to preserve the Plaintiff’s amputated fingers 

and improperly placed them upon ice, causing the above referenced fingers to have 

frost bite leading to the inability of medical doctors to reattach the amputated parts 

of the Plaintiff’s above referenced fingers. 

JURISDICTION AND VENUE

11. This is an admiralty or maritime personal injury claim stemming from 

the Plaintiff’s employment aboard The Vessel. The claims underlying this matter are 

based upon the Jones Act, 46 U.S.C. 30104, 46 U.S.C 10901, and the General 

Maritime Laws of the United States, including the governing laws of maintenance 

and cure and unseaworthiness as detailed below. 

12. Venue is proper in this district under 28 U.S.C. 1391 (b)(2) because 

events giving rise to this lawsuit occurred in the Southern District of Florida.

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13. This is an action in excess of Seventy-Five Thousand Dollars 

($75,000.00).

14. Defendant, QUARANTENA, LLC, at all times material hereto, 

personally or through an agent:

a. Operated, conducted, engaged in, or carried on a business venture in 

this state and/or county or had an office or agency in this state and/or 

county.

b. Was engaged in substantial activity within this state. 

c. Operated Vessels in the water of this state.

d. Committed one or more of the acts stated in Florida Statutes, Section 

48.081, 48.181 or 48.193. 

e. The acts of Defendant(s) set out in this Complaint occurred in whole or 

in part in this county and/or state. 

15. At all times material hereto, the Defendant, QUARANTENA, LLC,

owned, operated, managed, maintained and/or controlled The Vessel.

16. At all times material hereto, the subject Vessel was in navigable waters. 

17. Defendant, PHILLIPS MARINE GROUP, LLC was and is a Florida 

Limited Liability Company with its principal place of business in Miami-Dade, 

Florida. 

18. At all times material hereto, the Defendant PHILLIPS MARINE 

GROUP, LLC was Plaintiff’s employer, and Defendant was an agent of the 

shipowner and/or ship operator of the subject Vessel. 

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19. Defendant, PLACES, was and is a Florida Limited Liability Company 

with its principal place of business in Miami-Dade, Florida.

20. At all times material hereto, Defendant PLACES was an agent of the 

shipowner and/or ship operator of the subject Vessel. 

21. At all times material hereto, the Defendant CODY STRICKLAND, was 

the Captain of the above described Vessel. 

COUNT I:

JONES ACT NEGLIGENCE AGAINST QUARANTENA, LLC.,

22. Plaintiff readopts and realleges paragraphs one (1) through sixteen (16) 

as if stated herein verbatim and further alleges:

23. It was the duty of Defendant, QUARANTENA, LLC, to provide the 

Plaintiff with a safe place to work. It was also the duty of the Defendant to provide 

the Plaintiff with prompt, proper, and adequate medical treatment for any injury or 

illness, which manifested during Plaintiff’s employment. 

24. On or about the above referenced date of incident, Plaintiff was injured 

due to the fault and negligence of Defendant, QUARANTENA, and/or its agents, 

servants and/or employees including, but not limited to as follows:

a. Failure to provide a safe workplace by failing to provide the adequate 

tools and equipment, in order for Plaintiff to perform his job tasks safely 

and to guard risks of injury to Plaintiff; 

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b. Failure to provide a safe workplace by failing to use reasonable care to 

provide/maintain a safe place to work for Plaintiff in order to avoid 

injury; 

c. Failure to provide a safe workplace by failing to conduct the operations 

in a reasonably safe manner in order to avoid the type of injuries the 

Plaintiff suffered; 

d. Failure to promulgate and enforce reasonable rules and regulations to 

ensure the safety and health of the Plaintiff, while engaged in the course 

of his employment;

e. By failing to promulgate and enforce adequate safety rules, including 

rules relating to medical treatment;

f. Failure to provide prompt, proper and adequate medical care;

g. Failure to follow sound management practices with the goal of 

providing Plaintiff a safe place to work;

h. Failure to use due care under the circumstances;

25. Defendant, QUARANTENA failed to use due care while operating The 

Vessel, by maneuvering The Vessel while the Plaintiff was attempting to tighten the 

dock lines located on the mechanical winch. 

26. Defendant QUARANTENA failed to provide prompt, proper, and 

adequate medical treatment, and additionally placed the Plaintiff’s aforementioned 

fingers on ice, causing the fingers to have frost bite and Plaintiff to lose the 

aforementioned top parts of his middle and index finger located on his left hand.

27. As a result of the negligence of the Defendant QUARANTENA the 

Plaintiff was injured about his body and extremities; suffered physical pain and 

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suffering; mental anguish; reasonable fear of developing future physical and medical 

problems, loss enjoyment of life, physical disability, impairment, inconvenience on 

the normal pursuits and pleasures of life; feelings of economic insecurity caused by 

disability, aggravation of any previously existing conditions therefrom; suffered 

physical handicap; lost wages; income lost in the past; and Plaintiff will suffer the 

losses and impairments in the future.

WHEREFORE, Plaintiff demands judgment against Defendant, 

QUARANTENA, for actual and compensatory damages, prejudgment and postjudgment interest, and any further relief this Court deems just and seek a jury trial 

to try all issues so triable.

COUNT II: UNSEAWORTHINESS OF THE VESSEL BY REASON OF 

INCOMPETENT CREW AGAINST QUARANTENA, LLC.

28. Plaintiff readopts and realleges paragraphs one (1) through twentyseven (27) as if stated herein verbatim and further alleges:

29. On or about July 23, 2022, Plaintiff was a member of the crew of 

Defendant, QUARANTENA’s Vessel, which was in navigable waters.

30. At all times material hereto, The Vessel was owned, managed, operated 

and/or controlled by Defendant, QUARANTENA. 

31. At all times material hereto, the Defendant, QUARANTENA exercised 

control over and/or had the responsibility for the aforementioned Vessel’s navigation 

Case 1:22-cv-23115-JEM Document 5 Entered on FLSD Docket 09/30/2022 Page 12 of 37
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while the Vessel was underway upon the waters of this state on or about July 23, 

2022, when Plaintiff’s incident occurred.

32. The Defendant QUARANTENA exercised control and/or had the 

responsibility for the aforementioned Vessel’s safety while the Vessel was underway 

upon the waters of this state on or about July 23, 2022, when the Plaintiff’s incident 

occurred.

33. Defendant QUARANTENA had the absolute nondelegable duty to 

provide Plaintiff with a seaworthy Vessel per 46 U.S.C 10901. 

34. At the above-mentioned time and place, while Captain STRICKLAND

was aware that Plaintiff was adjusting the dock lines on the Vessel, Captain Cody 

Strickland put The Vessel into gear, causing The Vessel to shift, the dock lines to 

tighten, and leading to the amputation of the top knuckle of Plaintiff’s middle and 

index finger located on the Plaintiff’s left hand. 

35. Immediately after the tips of Plaintiff’s two above mentioned fingers 

were amputated, one of the stewardesses attempted to render the Plaintiff aid, 

however The Vessel did not have a first aid and/or trauma kit aboard.

36. The stewardess attempted to preserve the Plaintiff’s amputated fingers 

and improperly placed them upon ice, causing the above referenced fingers to have 

frost bite leading to the inability of medical doctors to reattach the amputated parts 

of the Plaintiff’s above referenced fingers. 

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37. On or about July 23, 2022, the unseaworthiness of Defendant, 

QUARANTENA’s Vessel was a legal cause of injury and damage to Plaintiff 

including, but not limited to:

a. The Vessel was unsafe and unfit due to the conditions created by 

Defendant’s conduct stated in paragraphs five (5) through nine (9); 

b. The Vessel’s crew was not properly trained, instructed, or supervised;

c. The Vessel did not have a fit crew;

d. The Vessel did not have a reasonably fit medical staff;

e. The Vessel did not assign adequate manpower for the tasks being 

performed; 

f. The job methods and procedures were not reasonably fit for the 

intended purposed as they posed an unreasonable risk of injury; 

g. Lack of adequate medical care; 

h. Due to unsafe working environment.

38. As a result of the unseaworthiness of the Vessel, the Plaintiff was 

injured about his body and extremities; suffered physical pain and suffering; mental 

anguish; reasonable fear of developing future physical and medical problems, loss 

enjoyment of life, physical disability, impairment, inconvenience on the normal 

pursuits and pleasures of life; feelings of economic insecurity caused by disability, 

aggravation of any previously existing conditions therefrom; suffered physical 

handicap; lost wages; income lost in the past; and Plaintiff will suffer the losses and 

impairments in the future.

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WHEREFORE, Plaintiff demands judgment against Defendant, 

QUARANTENA, for actual and compensatory damages, prejudgment and post 

judgment interest, and any further relief this Court deems just and seek a jury trial 

to try all issues so triable.

COUNT III- FAILURE TO PROVIDE PROMPT, PROPER, AND 

ADEQUATE MEDICAL TREATMENT AGAINST QUARANTENA, LLC.

39. Plaintiff readopts and realleges paragraphs one (1) through thirty-eight

(38) as if stated herein verbatim and further alleges: 

40. On or about July 23, 2022, Plaintiff was employed by Defendant,

QUARANTENA as a seaman, was in the service of the vessel, and was a member 

of The Vessel’s crew. The Vessel was in navigable waters. 

41. At the above referenced time and place, while attempting to wrap the 

third line on the above referenced winch, Captain Cody Strickland put The Vessel 

into gear, causing The Vessel to shift, the dock lines to tighten, and leading to the 

amputation of the top knuckle of Plaintiff’s middle and index finger located on the 

Plaintiff’s left hand.

42. The stewardess attempted to preserve the Plaintiff’s amputated fingers 

and improperly placed them upon ice, causing the above referenced fingers to have 

frost bite leading to the inability of medical doctors to reattach the amputated parts 

of the Plaintiff’s above referenced fingers. 

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43. At all times material hereto, Defendant QUARANTENA had the 

absolute nondelegable duty to provide Plaintiff with prompt, proper, and adequate 

medical care.

44. Defendant QUARANTENA through the ship’s crew negligently failed 

to promptly provide Plaintiff with prompt, proper, and adequate medical care. This 

conduct includes, but is not limited to: 

a. Defendant not giving Plaintiff medical care in a timely manner after his 

initial injury/or manifestation of his medical condition;

b. Defendant failed to timely and/or properly diagnose and treat Plaintiff’s 

injury and/or medical condition; 

c. Defendant provided inadequate and improper treatment, which 

aggravated Plaintiff’s medical condition and caused him needless pain 

and suffering. 

45. As a direct and proximate result of Defendant QUARANTENA’s

failure, Plaintiff suffered additional pain, disability, and/or Plaintiff’s recovery was 

prolonged and hampered. In addition, the Plaintiff was injured about his body and 

extremities; suffered physical pain and suffering; mental anguish; reasonable fear of 

developing future physical and medical problems, loss enjoyment of life, physical 

disability, impairment, inconvenience on the normal pursuits and pleasures of life; 

feelings of economic insecurity caused by disability, aggravation of any previously 

existing conditions therefrom; suffered physical handicap; lost wages; income lost 

in the past; and Plaintiff will suffer the losses and impairments in the future. 

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46. This Count is alleged separately from Jones Act Negligence pursuant 

to Joyce v. Atlantic Richfield Company, 651 F.2d 676 (10th Cir. 1981) which states, 

in part, “Negligent failure to provide prompt medical attention to a seriously injured 

seaman gives rise to a separate claim for relief [ for which separate damages are 

awardable]”.

WHEREFORE, Plaintiff demands judgment against Defendant, 

QUARANTENA, for actual and compensatory damages, prejudgment and post 

judgment interest, and any further relief this Court deems just and seek a jury trial 

to try all issues so triable.

COUNT IV- FAILURE TO GIVE NOTICE OF THE INCIDENT BY THE 

QUICKEST MEANS AVALIABLE AGAINST QUARANTENA, LLC.

47. Plaintiff readopts and realleges paragraphs one (1) through forty-six

(46) as if stated herein verbatim and further alleges: 

48. At the above-mentioned time and place, Plaintiff’s top knuckle of

Plaintiff’s middle and index finger located on the Plaintiff’s left hand was amputated 

due to Captain Cody Strickland maneuvering the vessel while the Plaintiff was 

tightening the dock lines.

49. The crew of the above-described vessel failed to immediately notify the 

authorities of Plaintiff’s injury.

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50. Furthermore, the Plaintiff’s injuries worsened due to the Defendant

QUARANTENA taking an extended period of time, almost thirty (30) minutes, to 

notify the authorities and call for medical assistance. 

51. At all times material hereto, the Captain of the vessel owed a duty of 

care to all other persons on or occupying the vessel, including all areas of the deck, 

and any adjacent vessels or persons, including a duty to notify, as quickly as possible, 

either: “the Division of Law Enforcement of the Fish and Wildlife Conservation 

Commission; the sheriff of the County within which the a incident occurred; or the 

police chief of the municipality within which the incident occurred, if applicable.”

52. The Defendant QUARANTENA had the means to but failed to notify 

any of the required authorities by the quickest available means of the incident 

resulting in injuries to the claimant while on the vessel under the exclusive and 

immediate control of the Defendant further exacerbating the injuries of the Plaintiff.

53. As a direct and proximate result of the Defendant, QUARANTENA’s 

negligent failure to notify, the Plaintiff suffered severe bodily injury, pain and 

suffering, mental anguish, loss of capacity of the enjoyment of life, extensive 

medical bills/ expenses, lost wages, aggravation of pre-existing conditions, and 

suffering additional costs. These losses are continuing, and, some may ultimately be 

permanent, and the Plaintiff will suffer further losses in the future.

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WHEREFORE, Plaintiff demands judgment against Defendant, 

QUARANTENA, for actual and compensatory damages, prejudgment and post 

judgment interest, and any further relief this Court deems just and seek a jury trial 

to try all issues so triable.

COUNT VI- FAILURE TO PROVIDE MAINTENANCE AND CURE

AGAINST QUARANTENA, LLC.

54. Plaintiff readopts and realleges paragraphs one (1) through fifty-three

(53) as if stated herein verbatim and further alleges: 

55. On or about July 23, 2022, Plaintiff, while in the service of the Vessel 

as a crew member, was injured. 

56. Under the General Maritime Law of the United States, Plaintiff, as a 

seaman, is entitled to recover maintenance and cure from Defendant until he is 

declared cured. See Garay v. Carnival Cruise Line, Inc., 904 F. 2d 1527 (11th Cir. 

1990); Calmar S. S. Corp. v. Taylor, 303 U.S. 525, 58 S. Ct. 651, 82 L. Ed. 993 

(1938); Johnson v. U.S., 333 U.S. 46, 68 S. Ct. 391, 92 L. Ed. 468 (1948).

57. As a result of the delay in providing maintenance and cure, and the 

failure to provide appropriate and proper maintenance and cure, Plaintiff has 

suffered compensatory damages, including but not limited to the following:

a. Past and future pain and suffering;

b. Mental anguish;

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c. Physical handicap and impairment;

d. Disfigurement;

e. Disability;

f. Inconvenience;

g. Aggravation and/or prolongation of his injuries;

h. Lost wages in the past;

i. Loss of ability to earn money in the future; and

j. Loss of capacity for the enjoyment of life.

58. Despite the heightened, non-delegable obligations, Defendant

QUARANTENA failed to provide Plaintiff with maintenance and cure.

WHEREFORE, Plaintiff demands judgment against Defendant, 

QUARANTENA, for actual and compensatory damages, prejudgment and post 

judgment interest, and any further relief this Court deems just and seek a jury trial 

to try all issues so triable.

COUNT VII:

JONES ACT NEGLIGENCE AGAINST PHILLIPS MARINE GROUP, LLC

59. Plaintiff readopts and realleges paragraphs one (1) through fifty-eight

(58) as if stated herein verbatim and further alleges:

60. It was the duty of Defendant PHILLIPS to provide the Plaintiff with a 

safe place to work. It was also the duty of the Defendant to provide the Plaintiff with 

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prompt, proper, and adequate medical treatment for any injury or illness, which 

manifested during Plaintiff’s employment. 

61. On or about the above referenced date of incident, Plaintiff was injured 

due to the fault and negligence of Defendant PHILLIPS and/or its agents, servants 

and/or employees including, but not limited to as follows:

a. Failure to provide a safe workplace by failing to provide the adequate 

tools and equipment, in order for Plaintiff to perform his job tasks safely

and to guard risks of injury to Plaintiff; 

b. Failure to provide a safe workplace by failing to use reasonable care to 

provide/maintain a safe place to work for Plaintiff in order to avoid injury; 

c. Failure to provide a safe workplace by failing to conduct the operations 

in a reasonably safe manner in order to avoid the type of injuries the 

Plaintiff suffered; 

d. Failure to promulgate and enforce reasonable rules and regulations to 

ensure the safety and health of the Plaintiff, while engaged in the course of

his employment;

e. By failing to promulgate and enforce adequate safety rules, including 

rules relating to medical treatment;

f. Failure to provide prompt, proper and adequate medical care;

g. Failure to follow sound management practices with the goal of 

providing Plaintiff a safe place to work;

h. Failure to use due care under the circumstances;

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62. Defendant PHILLIPS failed to use due care while operating The Vessel, 

by maneuvering The Vessel while the Plaintiff was attempting to tighten the dock 

lines located on the mechanical winch. 

63. Defendant PHILLIPS failed to provide prompt, proper, and adequate 

medical treatment, and additionally placed the Plaintiff’s aforementioned fingers on 

ice, causing the fingers to have frost bite and Plaintiff to lose the aforementioned top 

parts of his middle and index finger located on his left hand.

64. As a result of the negligence of the Defendant, PHILLIPS, the Plaintiff 

was injured about his body and extremities; suffered physical pain and suffering; 

mental anguish; reasonable fear of developing future physical and medical problems, 

loss enjoyment of life, physical disability, impairment, inconvenience on the normal 

pursuits and pleasures of life; feelings of economic insecurity caused by disability, 

aggravation of any previously existing conditions therefrom; suffered physical 

handicap; lost wages; income lost in the past; and Plaintiff will suffer the losses and 

impairments in the future.

WHEREFORE, Plaintiff demands judgment against Defendant, PHILLIPS 

MARINE GROUP, LLC, for actual and compensatory damages, prejudgment and 

post-judgment interest, and any further relief this Court deems just and seek a jury 

trial to try all issues so triable.

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COUNT VIII: UNSEAWORTHINESS OF THE VESSEL BY REASON OF 

INCOMPETENT CREW AGAINST PHILLIPS MARINE GROUP, LLC

65. Plaintiff readopts and realleges paragraphs one (1) through sixty-four

(64) as if stated herein verbatim and further alleges:

66. On or about July 23, 2022, Plaintiff was a member of the crew of 

Defendant’s Vessel, which was in navigable waters.

67. At all times material hereto, The Vessel was owned, managed, operated 

and/or controlled by the Defendant, PHILLIPS. 

68. At all times material hereto, the Defendant PHILLIPS exercised control 

over and/or had the responsibility for the aforementioned Vessel’s navigation while 

the Vessel was underway upon the waters of this state on or about July 23, 2022, 

when Plaintiff’s incident occurred.

69. The Defendant PHILLIPS exercised control and/or had the 

responsibility for the aforementioned Vessel’s safety while the Vessel was underway 

upon the waters of this state on or about July 23, 2022, when the Plaintiff’s incident 

occurred.

70. Defendant PHILLIPS had the absolute nondelegable duty to provide 

Plaintiff with a seaworthy Vessel per 46 U.S.C 10901. 

71. At the above-mentioned time and place, while the Captain was aware 

that Plaintiff was adjusting the dock lines on the Vessel, Captain Cody Strickland 

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put The Vessel into gear, causing The Vessel to shift, the dock lines to tighten, and 

leading to the amputation of the top knuckle of Plaintiff’s middle and index finger 

located on the Plaintiff’s left hand. 

72. Immediately after the tips of Plaintiff’s two above mentioned fingers 

were amputated, one of the stewardesses attempted to render the Plaintiff aid, 

however The Vessel did not have a first aid and/or trauma kit aboard.

73. The stewardess attempted to preserve the Plaintiff’s amputated fingers 

and improperly placed them upon ice, causing the above referenced fingers to have 

frost bite leading to the inability of medical doctors to reattach the amputated parts 

of the Plaintiff’s above referenced fingers. 

74. On or about July 23, 2022, the unseaworthiness of Defendant, 

PHILLIPS’s Vessel was a legal cause of injury and damage to Plaintiff including, 

but not limited to:

i. The Vessel was unsafe and unfit due to the conditions created by 

Defendant’s conduct stated in paragraphs five (5) through nine (9); 

j. The Vessel’s crew was not properly trained, instructed, or supervised;

k. The Vessel did not have a fit crew;

l. The Vessel did not have a reasonably fit medical staff;

m. The Vessel did not assign adequate manpower for the tasks being 

performed; 

n. The job methods and procedures were not reasonably fit for the 

intended purposed as they posed an unreasonable risk of injury; 

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o. Lack of adequate medical care; 

p. Due to unsafe working environment.

75. As a result of the unseaworthiness of the Vessel, the Plaintiff was 

injured about his body and extremities; suffered physical pain and suffering; mental 

anguish; reasonable fear of developing future physical and medical problems, loss 

enjoyment of life, physical disability, impairment, inconvenience on the normal 

pursuits and pleasures of life; feelings of economic insecurity caused by disability, 

aggravation of any previously existing conditions therefrom; suffered physical 

handicap; lost wages; income lost in the past; and Plaintiff will suffer the losses and 

impairments in the future.

WHEREFORE, Plaintiff demands judgment against Defendant, PHILLIPS 

MARINE GROUP, LLC, for actual and compensatory damages, prejudgment and 

post judgment interest, and any further relief this Court deems just and seek a jury 

trial to try all issues so triable.

COUNT IX- FAILURE TO PROVIDE PROMPT, PROPER, AND 

ADEQUATE MEDICAL TREATMENT AGAINST PHILLIPS MARINE 

GROUP, LLC

76. Plaintiff readopts and realleges paragraphs one (1) through seventy-five

(75) as if stated herein verbatim and further alleges: 

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77. On or about July 23, 2022, Plaintiff was employed by Defendant,

PHILLIPS as a seaman, was in the service of the vessel, and was a member of The 

Vessel’s crew. The Vessel was in navigable waters. 

78. At the above referenced time and place, while attempting to wrap the 

third line on the above referenced winch, Captain Cody Strickland put The Vessel 

into gear, causing The Vessel to shift, the dock lines to tighten, and leading to the 

amputation of the top knuckle of Plaintiff’s middle and index finger located on the 

Plaintiff’s left hand.

79. The stewardess attempted to preserve the Plaintiff’s amputated fingers 

and improperly placed them upon ice, causing the above referenced fingers to have 

frost bite leading to the inability of medical doctors to reattach the amputated parts 

of the Plaintiff’s above referenced fingers. 

80. At all times material hereto, Defendant PHILLIPS had the absolute 

nondelegable duty to provide Plaintiff with prompt, proper, and adequate medical 

care.

81. Defendant PHILLIPS through the ship’s crew negligently failed to 

promptly provide Plaintiff with prompt, proper, and adequate medical care. This 

conduct includes, but is not limited to: 

q. Defendant not giving Plaintiff medical care in a timely manner after his 

initial injury/or manifestation of his medical condition;

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r. Defendant failed to timely and/or properly diagnose and treat Plaintiff’s 

injury and/or medical condition; 

s. Defendant provided inadequate and improper treatment, which 

aggravated Plaintiff’s medical condition and caused him needless pain 

and suffering. 

82. As a direct and proximate result of Defendant PHILLIPS’ failure, 

Plaintiff suffered additional pain, disability, and/or Plaintiff’s recovery was 

prolonged and hampered. In addition, the Plaintiff was injured about his body and 

extremities; suffered physical pain and suffering; mental anguish; reasonable fear of 

developing future physical and medical problems, loss enjoyment of life, physical 

disability, impairment, inconvenience on the normal pursuits and pleasures of life; 

feelings of economic insecurity caused by disability, aggravation of any previously 

existing conditions therefrom; suffered physical handicap; lost wages; income lost 

in the past; and Plaintiff will suffer the losses and impairments in the future. 

83. This Count is alleged separately from Jones Act Negligence pursuant 

to Joyce v. Atlantic Richfield Company, 651 F.2d 676 (10th Cir. 1981) which states, 

in part, “Negligent failure to provide prompt medical attention to a seriously injured 

seaman gives rise to a separate claim for relief [ for which separate damages are 

awardable]”.

WHEREFORE, Plaintiff demands judgment against Defendant, PHILLIPS 

MARINE GROUP, LLC, for actual and compensatory damages, prejudgment and 

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post judgment interest, and any further relief this Court deems just and seek a jury 

trial to try all issues so triable.

COUNT X- FAILURE TO GIVE NOTICE OF THE INCIDENT BY THE 

QUICKEST MEANS AVALIABLE AGAINST PHILLIPS MARINE 

GROUP, LLC

84. Plaintiff readopts and realleges paragraphs one (1) through eighty-four

(84) as if stated herein verbatim and further alleges: 

85. At the above-mentioned time and place, Plaintiff’s top knuckle of

Plaintiff’s middle and index finger located on the Plaintiff’s left hand was amputated 

due to Captain Cody Strickland maneuvering the vessel while the Plaintiff was 

tightening the dock lines.

86. The crew of the above-described vessel failed to immediately notify the 

authorities of Plaintiff’s injury.

87. Furthermore, the Plaintiff’s injuries worsened due to the Defendant, 

PHILLIPS MARINE GROUP, taking an extended period of time, almost thirty (30) 

minutes, to notify the authorities and call for medical assistance. 

88. At all times material hereto, the Captain of the vessel owed a duty of 

care to all other persons on or occupying the vessel, including all areas of the deck, 

and any adjacent vessels or persons, including a duty to notify, as quickly as possible, 

either: “the Division of Law Enforcement of the Fish and Wildlife Conservation 

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Commission; the sheriff of the County within which the a incident occurred; or the 

police chief of the municipality within which the incident occurred, if applicable.”

89. The Defendant, PHILLIPS MARINE GROUP, LLC, had the means to 

but failed to notify any of the required authorities by the quickest available means 

of the incident resulting in injuries to the claimant while on the vessel under the 

exclusive and immediate control of the Defendant further exacerbating the injuries 

of the Plaintiff.

90. As a direct and proximate result of the Defendant, PHILLIPS MARINE 

GROUP’s negligent failure to notify, the Plaintiff suffered severe bodily injury, pain 

and suffering, mental anguish, loss of capacity of the enjoyment of life, extensive 

medical bills/ expenses, lost wages, aggravation of pre-existing conditions, and 

suffering additional costs. These losses are continuing, and, some may ultimately be 

permanent, and the Plaintiff will suffer further losses in the future.

WHEREFORE, Plaintiff demands judgment against Defendant, PHILLIPS 

MARINE GROUP, LLC, for actual and compensatory damages, prejudgment and 

post judgment interest, and any further relief this Court deems just and seek a jury 

trial to try all issues so triable.

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COUNT XI: UNSEAWORTHINESS OF THE VESSEL BY REASON OF 

INCOMPETENT CREW AGAINST PLACES LUXURY RENTALS, LLC

91. Plaintiff readopts and realleges paragraphs one (1) through ninety (90) 

as if stated herein verbatim and further alleges:

92. On or about July 23, 2022, Plaintiff was a member of the crew of 

Defendant’s Vessel, which was in navigable waters.

93. At all times material hereto, The Vessel was owned, managed, operated 

and/or controlled by the Defendant, PLACES. 

94. At all times material hereto, the Defendant, PLACES, exercised control 

over and/or had the responsibility for the aforementioned Vessel’s navigation while 

the Vessel was underway upon the waters of this state on or about July 23, 2022, 

when Plaintiff’s incident occurred.

95. The Defendant, PLACES, exercised control and/or had the 

responsibility for the aforementioned Vessel’s safety while the Vessel was underway 

upon the waters of this state on or about July 23, 2022, when the Plaintiff’s incident 

occurred.

96. Defendant, PLACES, had the absolute nondelegable duty to provide 

Plaintiff with a seaworthy Vessel per 46 U.S.C 10901. 

97. At the above-mentioned time and place, while Captain STRICKLAND 

was aware that Plaintiff was adjusting the dock lines on the Vessel, Captain Cody 

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Strickland put The Vessel into gear, causing The Vessel to shift, the dock lines to 

tighten, and leading to the amputation of the top knuckle of Plaintiff’s middle and 

index finger located on the Plaintiff’s left hand. 

98. Immediately after the tips of Plaintiff’s two above mentioned fingers 

were amputated, one of the stewardesses attempted to render the Plaintiff aid, 

however The Vessel did not have a first aid and/or trauma kit aboard.

99. The stewardess attempted to preserve the Plaintiff’s amputated fingers 

and improperly placed them upon ice, causing the above referenced fingers to have 

frost bite leading to the inability of medical doctors to reattach the amputated parts 

of the Plaintiff’s above referenced fingers. 

100. On or about July 23, 2022, the unseaworthiness of Defendant, 

PLACES, Vessel was a legal cause of injury and damage to Plaintiff including, but 

not limited to:

a. The Vessel was unsafe and unfit due to the conditions created by 

Defendant’s conduct stated in paragraphs five (5) through nine (9); 

b. The Vessel’s crew was not properly trained, instructed, or supervised;

c. The Vessel did not have a fit crew;

d. The Vessel did not have a reasonably fit medical staff;

e. The Vessel did not assign adequate manpower for the tasks being 

performed; 

f. The job methods and procedures were not reasonably fit for the 

intended purposed as they posed an unreasonable risk of injury; 

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g. Lack of adequate medical care; 

h. Due to unsafe working environment.

101. As a result of the unseaworthiness of the Vessel, the Plaintiff was 

injured about his body and extremities; suffered physical pain and suffering; mental 

anguish; reasonable fear of developing future physical and medical problems, loss 

enjoyment of life, physical disability, impairment, inconvenience on the normal 

pursuits and pleasures of life; feelings of economic insecurity caused by disability, 

aggravation of any previously existing conditions therefrom; suffered physical 

handicap; lost wages; income lost in the past; and Plaintiff will suffer the losses and 

impairments in the future.

WHEREFORE, Plaintiff demands judgment against Defendant, PLACES, 

for actual and compensatory damages, prejudgment and post judgment interest, and 

any further relief this Court deems just and seek a jury trial to try all issues so triable.

COUNT XII- NEGLIGENCE AGAINST CODY STRICKLAND

102. The Plaintiff readopts and re-avers each and every allegation contained 

in Paragraphs one (1) through one hundred and two (102) as if they were fully set 

forth herein, and further alleges: 

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103. On or about July 23, 2022, Captain Cody Strickland was attempting to 

dock The Vessel at the Island Gardens Marina located at 888 McArthur Causeway 

Miami, FL 33132. 

104. As Captain Cody Strickland was attempting to dock The Vessel and 

The Vessel became still, the Plaintiff realized that the dock lines needed to be 

readjusted so The Vessel could be properly placed at the dock. 

105. The Plaintiff called Captain Cody Strickland on a radio to inform the 

Captain that the Plaintiff was going to readjust the portside dock lines on the 

mechanical winch.

106. While attempting to wrap the third line on the above referenced winch, 

Captain Cody Strickland put The Vessel into gear, causing The Vessel to shift, the 

dock lines to tighten, and leading to the amputation of the top knuckle of Plaintiff’s 

middle and index finger located on the Plaintiff’s left hand. 

107. Defendant STRICKLAND failed to immediately notify the authorities 

of Plaintiff’s injury.

108. At all times material hereto, the Defendant, STRICKLAND, as the 

operator and of the vessel owed a duty of reasonable care to all other persons on or 

occupying the vessel, including all areas of the deck, and any adjacent vessels or 

persons; additionally, as the operator and master of the vessel, STRICKLAND, has 

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a duty to render such assistance as is practicable and necessary in order to save them 

from or minimize the danger of the incident.

109. The Defendant, CODY STRICKLAND, failed to act as an ordinary 

reasonable prudent person by, navigating the above referenced vessel while the 

Plaintiff was tightening the dock lines. 

110. As a direct and proximate result of the Defendant, STRICKLAND’s, 

negligence, the Plaintiff suffered severe bodily injury, pain and suffering, mental 

anguish, loss of capacity of the enjoyment of life, extensive medical bills/ expenses, 

lost wages, aggravation of pre-existing conditions, and suffered additional costs. 

These losses are continuing, and, some may ultimately be permanent, and the 

Plaintiff will suffer further losses in the future. 

WHEREFORE, Plaintiff demands judgment against Defendant, CODY 

STRICKLAND, for actual and compensatory damages, prejudgment and post 

judgment interest, and any further relief this Court deems just and seek a jury trial 

to try all issues so triable.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on September 30, 2022 I electronically filed the 

foregoing document with the Clerk of the Court using CM/ECF.. 

By: /s/ Jeremy Dover 

Jeremy Dover, Esq.

FBN: 110737

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Patricia Francois, Esq.

FBN: 1018548

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EXHIBIT “B”

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI-DADE DIVISION

"IN ADMIRALTY"

Case No.: 1:22-cv-23115-JEM

PANO CALAVRIAS

Plaintiff.

v. 

QUARANTENA, LLC.

Defendant.

______________________/

PROPOSED ORDER ON THE MOTION FOR LEAVE TO FILE

THIS CAUSE, having come before the Court on Plaintiff’s Motion for Leave to 

File an Amended Complaint, and after having been advised in the premises, it is hereby, 

ORDERED AND ADJUDGED as follows:

1. Plaintiff’s Motion for Leave to File an Amended Complaint, is GRANTED.

ORDERED in Miami-Dade, Florida, this _____ day of ____________ 2022.

___________________________________

Jose E. Martinez

United States District Judge

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