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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI-DADE DIVISION

"IN ADMIRALTY"

Case No.:

PANO CALAVRIAS

Plaintiff.

v. 

QUARANTENA, LLC.

Defendant.

______________________/

COMPLAINT

COMES NOW, Plaintiff, PANO CALAVRIAS (hereinafter 

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

against Defendant, QUARANTENA, LLC (hereinafter “QUARANTENA”), and in 

support states as follows: 

FACTS

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

Defendant as a mate aboard a seventy-six yacht named the “M/Y Quarantena” 

(hereinafter “The Vessel”). 

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

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

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

capacity as a First Mate.

4. 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. 

5. 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. 

6. 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. 

7. 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.

8. 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.

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

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

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

of the Plaintiff’s above referenced fingers. 

JURISDICTION AND VENUE

10. 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. 

11. 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.

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

($75,000.00).

13. Defendant, 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. 

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14. At all times material hereto, the Defendant, owned, operated, managed, 

maintained and/or controlled The Vessel.

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

16. At all times material hereto, the Defendant was Plaintiff’s employer, 

and Defendant was an agent of the shipowner and/or ship operator of the subject 

Vessel. 

COUNT I:

JONES ACT NEGLIGENCE

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

as if stated herein verbatim and further alleges:

18. It was the duty of Defendant 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. 

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

due to the fault and negligence of Defendant 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 hisjob 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; 

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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;

20. Defendant 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. 

21. Defendant 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.

22. As a result of the negligence of the Defendant, 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 

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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

23. Plaintiff readopts and realleges paragraphs one (1) through twenty-two 

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

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

Defendant’s Vessel, which was in navigable waters.

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

and/or controlled by the Defendant. 

26. At all times material hereto, the Defendant 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.

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27. The Defendant 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.

28. Defendant had the absolute nondelegable duty to provide Plaintiff with 

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

29. 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 

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. 

30. 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.

31. 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. 

32. On or about July 23, 2022, the unseaworthiness of Defendant’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); 

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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.

33. 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,

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.

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COUNT III- FAILURE TO PROVIDE PROMPT, PROPER, AND 

ADEQUATE MEDICAL TREATMENT

34. Plaintiff readopts and realleges paragraphs one (1) through thirty-four

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

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

36. 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.

37. 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. 

38. At all times material hereto, Defendant had the absolute nondelegable 

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

39. Defendant 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: 

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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. 

40. As a direct and proximate result of Defendant 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. 

41. 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]”.

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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 IV- FAILURE TO GIVE NOTICE OF THE INCIDENT BY 

THE QUICKEST MEANS AVALIABLE

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

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

43. 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.

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

authorities of Plaintiff’s injury.

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

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

authorities and call for medical assistance. 

46. 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.”

47. The Defendant 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.

48. As a direct and proximate result of the Defendant’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, 

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

49. Plaintiff readopts and realleges paragraphs one (1) through forty-eight

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

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

as a crew member, was injured. 

51. 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).

52. 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;

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.

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

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on September 26, 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

Patricia Francois, Esq.

FBN: 1018548

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