Case 1:11-cv-00215-HSO-JMR Document 200 Filed 07/25/12 Page 1 of 10

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION

IN THE MATTER OF THE COMPLAINT
OF OMEGA PROTEIN, INC.
OWNER OF F/V SANDY POINT
FOR EXONERATION FROM AND/OR
LIMITATION OF LIABILITY

C. A. NO. 1:11-CV-215-HS0-JMR

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VANESSA WATKINS, AS PERSONAL
REPRESENTATIVE OF RHODERICK WATKINS
PLAINTIFF
VERSUS

C. A. NO.1:11-CV-309-HSO-JMR

OMEGA PROTEIN, INC., EURUS LONDON,
LLC, GREAT WHITE FLEET, LTD. AND
OMEGA SHIPYARD, INC.

DEFENDANTS

JURY TRIAL REQUESTED
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SECOND AMENDED COMPLAINT
COMES NOW the Plaintiff, Vanessa Watkins, an adult resident and citizen of Moss
Point, Jackson County, Mississippi, (hereinafter referred to as “Plaintiff”), personal
representative of the Estate of Rhoderick Watkins, deceased (hereinafter referred to as
“Decedent”), with leave of the Court, and files this her Second Amended Complaint and
would with respect show unto the Court the following facts, to-wit:
1.
Plaintiff is an adult resident and citizen of Moss Point, Jackson County, Mississippi.
She is the sister of the Decedent, who was at the time of his death, a resident and citizen

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of Moss Point, Jackson County, Mississippi. Plaintiff is the duly appointed, acting and
authorized Administratrix of Decedent’s Estate. See Letters of Administration issued to
Vanessa Watkins on August 9, 2011, in the Chancery Court of Jackson County,
Mississippi, in C. A. No. 2011-1358-CB, attached hereto as Exhibit No. 1 for all purposes.
2.
Made Defendants herein are:
a)

Omega Protein, Inc., a foreign corporation authorized to do and doing
business in this state and judicial district;

b)

Eurus London, LLC, a foreign limited liability corporation not authorized to
do but doing business in this state and judicial district; and,

c)

Great White Fleet, Ltd., (hereinafter referred to as “Great White”), a foreign
corporation not authorized to do but doing business in this state and judicial
district; and

d)

Omega Shipyard, Inc., a foreign corporation authorized to do and doing
business in this state and judicial district.
3.

Jurisdiction of this Honorable Court is based upon the complete diverse citizenship
of the parties pursuant to 28 U.S.C. §1332 and an amount in controversy exceeding
$75,000.00, exclusive of interest and costs.
4.
The Defendants, Omega Protein, Inc., Eurus London, LLC, Great White and

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Omega Shipyard, Inc., are justly and truly indebted unto your Plaintiff, Vanessa Watkins,
as personal representative of Rhoderick Watkins, for the following reasons, to-wit:
5.
At all material times, Decedent Rhoderick Watkins was employed by Omega
Protein, Inc. as a Jones Act seaman and member of the crew of the F/V SANDY POINT,
a 162 foot menhaden fishing vessel in navigation, owned and operated by Omega
Protein, Inc. out of its Moss Point, Mississippi, plant and dock.
6.
At all material times, Defendants, Eurus London, LLC and Great White owned,
operated, time chartered and/or controlled the EURUS LONDON, a 660 foot container
vessel in navigation.
7.
At all material times, Omega Shipyard, Inc, owned, operated and controlled a
shipyard in Moss Point, Mississippi, which did or should have inspected and performed
work on the F/V SANDY POINT.
8.
During the evening hours of Wednesday, May 18, 2011, a collision occurred
between the F/V SANDY POINT and the EURUS LONDON approximately eight (8) miles
south of Gulfport, Mississippi, in state territorial waters between Cat Island and Ship
Island, which collision caused the F/V SANDY POINT to sink.

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9.
Decedent Rhoderick Watkins was trapped inside the F/V SANDY POINT and
drowned as a result of the collision and sinking. His body was recovered from the vessel
on or about Sunday, May 22, 2011.
10.
At all pertinent times, Decedent Rhoderick Watkins, was where he was ordered to
be and performing the duties and functions he was instructed and obliged to perform as a
vessel crew member pursuant to directives of Defendant, Omega Protein, Inc.
11.
The casualty was caused by no fault of decedent and was caused solely by the
negligence of defendants and the unseaworthiness of the F/V SANDY POINT.
12.
As the result of the above-described casualty, Decedent Rhoderick Watkins
suffered severe and painful physical and emotional injuries, including but not limited to
being trapped inside a sunken vessel and drowning as a result. Decedent’s mother,
Safornia Watkins, and father, James Watkins, are suffering from post traumatic stress
disorder, depression, anxiety and other injuries which will be shown upon the trial of this
cause. Safornia and James Watkins have lost the pecuniary support that they received
on a regular basis from their son, Rhoderick Watkins, deceased.
13.
The casualty described herein occurred as a result of the negligence of Defendant,

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Omega Protein, Inc., and the unseaworthiness of the F/V SANDY POINT and renders this
defendant liable to plaintiff pursuant to the provisions of 46 U.S.C. §30104 and the
general maritime law, which negligence and unseaworthiness are particularly described
as follows:
a)

Failing to provide decedent with a safe place to work;

b)

Failing to provide sufficient trained and competent crew members from the
onset of the voyage to perform operations aboard the vessel;

c)

Failing to exercise requisite managerial control over vessel operations;

d)

Failing to exercise due care and caution under then existing navigational
circumstances;

e)

Failing to adhere to local navigational custom and usage;

f)

Failing to avoid a collision with another vessel; and,

g)

Other acts of negligence and unseaworthy conditions which will be shown
more fully at trial.
14.

The casualty described herein occurred as a result of the concurrent negligence of
Defendants, Eurus London, LLC and Great White, through their agents, servants and
employees, which negligence is more particularly described as:
a)

Failing to properly train and/or supervise their crew and other employees;

b)

Failing to insure that their crew worked in a safe and prudent manner;

c)

Failing to exercise due care and caution required under the navigational

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circumstances;
d)

Failing to adhere to local navigational custom and usage;

e)

Failing to avoid a collision with another vessel;

f)

Failing to adhere to the ISM Code and the SOLAS Code;

g)

In operating the EURUS LONDON in excess of 10 knots, which was and is

the maximum speed limit for vessels as established by the United States Coast
Guard and/orthe rules and regulations for port terminal services of the Mississippi
State Port Authority at Gulfport; and
h)

Other acts of negligence which will be shown more fully at trial.
15.

In addition, the casualty described herein was caused by all defendants’ violation
of numerous statutes and regulations, including, but not limited to, statutes commonly
referred to as The Inland Navigation Rules and regulations issued by the Coast Guard,
thereby rendering one or more defendants negligent per se.
16.
The casualty described herein occurred as a result of the concurrent negligence
also of defendant, Omega Shipyard, Inc., and renders this defendant liable to plaintiff
pursuant to the general maritime law, which negligence is more particularly described as
follows:
a)

Failing to adequately inspect the F/V SANDY POINT;

b)

Failing to perform repairs on the F/V SANDY POINT in a workmanlike

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manner;
c)

Failing to make necessary repairs to the F/V SANDY POINT;

d)

Failing to report the F/V SANDY POINT’s deficiencies to her owner;

e)

Failing to recognize the F/V SANDY POINT’s deficiencies; and

f)

Other acts of negligence which will be shown more fully at trial.
17.

In addition, Omega Protein, Inc., Eurus London, LLC and Great White are
presumed at fault in causing the collision and resulting death of Decedent Rhoderick
Watkins pursuant to The Pennsylvania Rule, which shifts the burden to these defendants
as statutory violators to demonstrate that they were not and could not have been
negligent in causing the collision and resulting death of decedent.
18.
As a result of the above-described negligence and unseaworthiness, Plaintiff
Vanessa Watkins, on behalf of her parents, and Decedent, Rhoderick Watkins,
sustained the following damages:
a)

Extreme pain leading to death - Decedent Rhoderick Watkins;

b)

Extreme mental anguish leading to death - Decedent Rhoderick Watkins;

c)

Past, present and future mental pain, suffering and anguish;

d)

Past lost wages;

e)

Past lost found;

f)

Loss of future earning capacity and loss of future support;

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g)

Loss of future found;

h)

Loss of fringe benefits;

i)

Loss of consortium, society and support;

j)

Loss of enjoyment of life; and,

k)

Other damages which shall be proven at trial.
19.

Plaintiff is entitled to pre-judgment interest on the damages from the date of loss.
As to any damages which the Court determines are not properly subject to an award of
pre-judgment interest from the date of loss, Plaintiff demands interest from the date of
judicial demand.
20.
Plaintiff is entitled to recover all costs of these proceedings, including filing fees,
expert witness fees, attorney’s fees and other court costs and litigation costs.
21.
Plaintiff prays for a trial by jury on all issues raised herein and any issues that may
be raised by way of supplemental or amended complaints in this cause.
22.
In addition, Plaintiff is entitled to punitive damages from Defendant, Omega
Protein, Inc., due to Omega’s gross negligence and the wanton unseaworthiness of the
F/V SANDY POINT, all of which created extreme risk to the health, safety and life of the
Decedent and all those aboard the F/V SANDY POINT on May 18, 2011.

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23.
In addition, Plaintiff is entitled to punitive damages under the general maritime law
from defendant, Omega Shipyard, Inc., due to Omega Shipyard’s gross negligence,
wanton and willful misconduct, all of which created extreme risk to the health, safety and
life of the Decedent and all those aboard the F/V SANDY POINT on May 18, 2011.
WHEREFORE, Plaintiff Vanessa Watkins, as personal representative of
Rhoderick Watkins, prays that the Defendants, Omega Protein, Inc., Eurus London, LLC,
Great White Fleet, Ltd. and Omega Shipyard, Inc., be duly cited and served with a copy of
the second amended complaint and after due proceedings are had there be judgment
rendered herein in favor of Plaintiff and against Defendants, Omega Protein, Inc., Eurus
London, LLC, Great White Fleet, Ltd and Omega Shipyard, Inc., in an amount sufficient to
adequately compensate the Plaintiff for the damages sustained, an award of punitive
damages against Omega Protein, Inc., and Omega Shipyard, Inc., legal interest from
date of loss until paid, for all costs of this suit and for all general and equitable relief to
which Plaintiff may be entitled herein.
This the 25th day of July, 2012.
Respectfully submitted,
s/E. Bragg Williams, III
E. Bragg Williams, III, T.A.
Mississippi Bar Number: 7234
Williams, Williams & Montgomery, P. A.
109 West Erlanger Street
P. O. Box 113
Poplarville, Mississippi 39470

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Telephone: 601-795-4572
Facsimile: 601-795-8382
E-Mail:
braggwilliams@wwmlawfirm.net

OF COUNSEL:
Paul M. Sterbcow, Esq.
(LA Bar No. 17817)
sterbcow@lksalaw.com
David A. Abramson, Esq.
(LA Bar No. 21435)
abramson@lksalaw.com
Lewis, Kullman, Sterbcow & Abramson
601 Poydras Street, Suite 2615
New Orleans, LA 70130
Telephone: (504) 588-1500
Facsimile: (504) 588-1514
Attorneys for Plaintiff, Vanessa Watkins

PLEASE SERVE:
Omega Shipyard, Inc.
Through its registered agent:
CT Corporation System
645 Lakeland East Dr.
Suite 101
Flowood, MS 39232
CERTIFICATE OF SERVICE
I hereby certify that on this the 25th day of July, 2012, I electronically filed the
foregoing with the Clerk of Court by using the CM/ECF system, which will send notice of
electronic filing to all counsel of record.
s/E. Bragg Williams, III

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