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Roland T. Christensen, Esq. (SBN 32663 8)
Jason A. Itkin (Pro Hac Vice pending)
Cory D. Itkin (Pro Hac Vice pending)
Ryan S. Macleod (Pro Hac Vice pending)
Jacob Karam (Pro Hac Vice pending)
ARNOLD ITKIN LLP

4 6009 Memorial Drive



Houston, Texas 77007
Telephone: (713) 222-3 800
Facsimile: (713) 222-3850

Attorney for Plaintiff Ryan Sims
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF VENTURA
RYAN SIMS, an individual, Case No.

Plaintiff, COMPLAINT FOR DAMAGES

1. JONES 
2. MAINTENANCE AND 

3. 

4. GENERAL MARITIME NEGLIGENCE

TRUTH AQUATICS, IN C., a California
Corporation, GLEN FRITZLER, is an
Individual and Trustee of THE FRITZLER
FAMILY TRUST DTD 7/27/92, a California
Trust, WORLDWIDE DIVING
ADVENTURES, LLC, a California Limited
Liability Company, and DOES 1 through 40



Defendants.

 

COMES NOW PLAINTIFF, RYAN SIMS, who alleges and complains as follows:
JURISDICTION AND VENUE
1. This action is within the jurisdiction of this Court because it is governed by
the Jones Act, 46 U.S.C.A. 30104, et seq. and the General Maritime Law. This Court has jurisdiction
under the Savings to Suitors clause. (28 U.S.C. 1333.) Further, it is well-settled that a Jones Act case

is not removable. (Sellick v. Sun Harbor Marina, Inc. (9th Cir. 1967) 384 F.2d 870, 871 .)

2. Venue is proper because some or all of the incidents which give rise to Plaintiff RYAN

claims occurred in the County of Ventura.



 

COMPLAINT FOR DAMAGES

 

PARTIES

3. Plaintiff incorporates all foregoing paragraphs of this Complaint as though fully set
forth herein.
4. Plaintiff is a California resident and citizen of the United States.

5. Defendant, TRUTH AQUATICS, INC., is and was a California corporation doing
business in this County, and subject to jurisdiction and venue within this County. This Defendant was
and is domiciled in Santa Barbara, California and it may be served though its registered agent. At all
material times, Defendant TRUTH AQUATICS, INC. was the Jones Act employer of Plaintiff, RYAN
SIMS. Defendant TRUTH AQUATICS, INC. may be served through its registered agent, Glen Fritzler,
at 301 Cabrillo Blvd, Santa Barbara, CA 931010r wherever he may be located.

6. Defendant GLEN FRITZLER, is an individual and Trustee of the FRITZLER FAMILY
TRUST DTD 7/27/92, a California trust. Defendant THE RITZLER FAMILY TRUST DTD 7/27/92
is a legal trust formulated under the laws of California, and subject to the jurisdiction of this Court. This
Defendant may be served through personal service of its Trustee, wherever he may be found. Defendant
THE FRITZLER FAMILY TRUST DTD 7/27/92 is the US. Coast Guard documented owner of the
VESSEL. Defendants GLEN FRITZLER 301 Cabrillo Blvd, Santa Barbara, CA 93101 or wherever
he may be located. Defendant THE FRITZLER FAMILY TRUST DTD 7/27/92 may be served through
its registered agent, Glen Fritzler, at 301 Cabrillo Blvd, Santa Barbara, CA 93101, or wherever he

may be located.

7. Defendant WORLDWIDE DIVING ADVENTURES, LLC is and was a California
limited liability company doing business in this County, and subject to jurisdiction and venue Within this
County. This Defendant was and is domiciled in Santa Cruz, California, and it may be served though its
registered agent. Upon information and belief, Defendant WORLDWIDE DIVING ADVENTURES,
LLC was the charterer of the VESSEL. Defendant WORLDWIDE DIVING ADVENTURES, LLC may
be served through its registered agent, Todd Abbott, located at 2127 Olympic Pkwy, Suite 1006-348,
Chula Vista, CA 91915.

2
COMPLAINT FOR DAMAGES

 

 



NATURE OF THE ACTION

 

8. Plaintiff incorporates all foregoing paragraphs of this Complaint as though fully set forth

herein.

9. On or about September 2, 2019, Plaintiff was employed by Defendant, TRUTH
AQUATICS, INC. (Hereinafter referred to as as a crew member of of the vessel 
CONCEPTION (hereinafter referred to as While Plaintiff was aboard the VESSEL, which
is owned, operated and/or managed by both Defendant TRUTH and Defendant THE FRITZLER
FAMILY TRUST DTD 7/27/92 (hereinafter referred to as and while Plaintiff was
contributing to and aiding such VESSEL to accomplish its mission, Plaintiff was seriously injured.
Moreover, upon information and belief, at all material times Defendant WORLDWIDE DIVING
ADVENTURES, LLC (hereinafter referred to as was the charterer of the VESSEL.

10. In the early morning hours of September 2, 2019 Plaintiff was asleep on the top deck of
the VESSEL, as was required in his job parameters. Suddenly and without warning, Plaintiff was
abruptly started awake by loud noises, and quickly realized a signi?cant ?re had broken out in the
VESSEL. The ?re moved fast and swift throughout the VESSEL trapping Plaintiff and other persons
aboard the VESSEL. Given the signi?cance of the ?re, and the layout of the VESSEL, Plaintiff was
required to jump from the top deck of the VESSEL to avoid ?re at which time he fractured his leg in
three places, as well as injured his back, neck and other parts of his body. As a result of these injuries,

Plaintiff has required extensive medical treatment.

11. At all times relevant, the VESSEL was and is a US. Coast Guard inspected passenger
carrying vessel, documented under the ?ag of the United States with the US. Coast Guard of?cial
number 638133. At all times herein mentioned, the VESSEL was a?oat upon navigable waters of the
Paci?c Ocean. At all times relevant, the VESSEL sailed on voyages to and from US. ports and was at
least 97 gross tons as measured under 46 U.S.C. 14502, 14302, and 14104. Further, at all times

relevant, the VESSEL was anchored in Ventura County, California at the time of the ?re.

3

 

COMPLAINT FOR DAMAGES

 

12.

herein.

13.

FIRST CAUSE OF ACTION JONES ACT
{arguing Defendant TRUTH)

 

Plaintiff incorporates all foregoing paragraphs of this Complaint as though fully set forth

On or about September 2, 2019, Plaintiff was employed by Defendant, TRUTH, and was

working aboard the VESSEL as a seaman under the general maritime law of the United States and the

Jones Act, at the speci?c request and for the bene?t of the VESSEL and Defendant.

14.

15.

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Defendant was negligent for the following reasons:

Failure to properly maintain the 

Failure to properly train their employees;

Failure to provide adequate safety equipment;

Failure to provide adequate safety rules;

Failure to perform a job hazard analysis and to take corrective action;
Failure to provide adequate medical equipment;

Failure to provide adequate maintenance and cure;

Failure to provide adequate warnings of a known hazard;

Failure to comply with industry standards, customs and practices;
Operating the VESSEL with an obvious dangerous condition;
Failure to recognize danger and take corrective action;

Failure to avoid or minimize foreseeable dangers to the crew resulting from potential ?re;

. Failure to provide adequate means of emergency evacuation;

Failure to adequately repair and/or maintain the 
Failure to timely eliminate known hazards;

Failure to timely rectify known de?ciencies;

Failure to inspect the VESSEL

Failure to comply with local, state, and/or federal law; and

Other acts deemed negligent.

As a legal result of the aforesaid negligent acts or wrongful acts or omissions, among

others, Defendants breached the duty of care they owed to Plaintiff.

4

 

COMPLAINT FOR DAMAGES

 

direct and proximate result of the aforesaid acts and omissions of the Defendant
Plaintiff sustained severe injuries to his body, which resulted in physical pain, mental anguish, and other
medical problems. Plaintiff has sustained severe physical pain, mental anguish, physical impairment,
and dis?gurement. In all reasonable probability, Plaintiffs physical pain, mental anguish, physical

impairment, and dis?gurement will continue inde?nitely.

17. As a further legal result of the aforesaid negligent acts or wrongful acts or omissions,
Plaintiff has sustained and will continue to sustain damages, including without limitation, general non-
economic damages, special economic damages, life care expenses, emotional distress and pain and

suffering, all of which will be established at trial according to proof.

18. As a further direct and proximate result of the aforesaid acts and omissions of the
Defendant, Plaintiff has sustained and will in the future sustain loss of earnings, and loss of earning
capacity, in an amount not presently ascertainable to Plaintiff, who will seek leave of court to amend this

complaint to allege the amount of said losses when the same have been ascertained.

19. As a further, direct and proximate result of the aforesaid acts and omissions of the
Defendant, Plaintiff was compelled to and did employ the services of physicians, surgeons, nurses and
the like, to handle and care for Plaintiff?s treatment, and did incur medical, professional and incidental
expenses. Plaintiff is informed and believes and based upon such information and belief alleges that he
will necessarily and by reason of his injuries incur additional like expenses for an inde?nite period of
time in the future. Plaintiff will ask leave of court to amend this allegation once said amounts have been

ascertained.

20. The foregoing wrongful acts or omissions occurred as a result of Defendant?s willful
and/or arbitrary and/0r wanton and/or conscious and/ or reckless disregard of their obligations under the
Jones Act. As a result, Plaintiff is entitled to an award of punitive damages, including without limitation,

general punitive damages and reasonable attorney?s fees and costs against Defendant.

5
COMPLAINT FOR DAMAGES

 

 



SECOND CAUSE OF ACTION MAINTENANCE AND CURE
(against Defendant TR H)

21. Plaintiff incorporates all foregoing paragraphs of this Complaint as though fully set forth

herein.

22. Despite Plaintiff?s severe and extensive injuries, he has not been paid adequate
maintenance and cure. As a Jones Act seaman, Plaintiff is entitled to maintenance and cure bene?ts due
to his injuries suffered on the job. Thus, Plaintiff seeks recoupment of past maintenance and cure
bene?ts, and requests that the Court order that Defendant begin paying adequate maintenance and cure
benefits from this day forward.

23. Moreover, Plaintiff alleges that Defendant?s failure to pay maintenance and cure is
arbitrary, capricious, willful, and wanton given the undeniable fact that Plaintiff was injured on the job
and has not reached maximum medical improvement. Thus, Plaintiff seeks punitive damages. Further,
Plaintiff is entitled to recover reasonable attorney?s fees and costs. For the purposes of this claim herein,
recoverable attomey?s fees and costs include all reasonable attomey?s fees and costs expended on this

case that are not solely related to the Jones Act and Unseaworthiness claims herein alleged.

24. As a further legal result of the aforesaid negligence, Plaintiff is entitled to recover

prejudgment interest on all damages awarded on this claim.

THIRD CAUSE OF ACTION UNSEAWORTHINESS
{against Defendant TRUTH TR UST)

 

 

25. Plaintiff incorporates all foregoing paragraphs of this Complaint as though fully set forth

herein.

26. On the date in question the VESSEL was unseaworthy.

27. At all times herein relevant, Plaintiff was acting in the service of the VESSEL and

Defendants and was performing duties of the type traditionally performed by a seaman.

6

 

COMPLAINT FOR DAMAGES

 

~4th

the time and place alleged herein, by the provisions of the General Maritime Law of
the United States, Defendants and their agents, employees and servants warranted to Plaintiff that the
VESSEL, its decks, gear, equipment, guardrails, handrails, galley, appurtenances, tools, safety
equipment, crewmembers, training, instruction, safety policies, safety procedures, safety management
system and work methods were seaworthy and in compliance with applicable statutes and regulations

enacted for the safety of the crew.

29. Defendants, and each of them, breached this warranty in that the VESSEL, its decks, gear,
equipment, guardrails, handrails, galley, appurtenances, tools, safety equipment, crewmembers, training,
instruction, safety policies, safety procedures, safety management system and work methods were
neither seaworthy nor in compliance with applicable laws, rules, regulations, industry customs and
practices enacted or followed for the safety of the crew. Further, the acts of negligence set forth in this
Claim for Relief were of such a duration as to become conditions of the VESSEL and therefore were
further breaches of the warranty of seaworthiness. Upon information and belief, Defendants had actual

and subjective awareness of the issues with the VESSEL and failed to rectify them.

30. As a further legal result of the aforesaid unseaworthiness, Plaintiff has sustained and will
continue to sustain damages, including without limitation, general non-economic damages, special
economic damages, life care expenses, emotional distress and paid and suffering, all of which will be

established at trial according to proof.

31. As a direct and proximate result of the unseaworthiness, Plaintiff sustained
severe injuries to his body, which resulted in physical pain, mental anguish, and other medical problems.
Plaintiff has sustained severe physical pain, mental anguish, physical impairment, and dis?gurement. In
all reasonable probability, Plaintiff?s physical pain, mental anguish, physical impairment, and

dis?gurement will continue inde?nitely.

32. As a further direct and proximate result of the unseaworthiness, Plaintiff has
sustained and will in the future sustain loss of earnings, and loss of earning capacity, in an amount not
presently ascertainable to Plaintiff, who will seek leave of court to amend this complaint to allege the

amount of said losses when the same have been ascertained.

7

 

COMPLAINT FOR DAMAGES

 



further, direct and proximate result of the unseaworthiness, Plaintiff was
compelled to and did employ the services of physicians, surgeons, nurses and the like, to handle and care
for Plaintiff? 3 treatment, and did incur medical, professional and incidental expenses. Plaintiff is
informed and believes and based upon such information and belief alleges that he will necessarily and
by reason of his injuries incur additional like expenses for an inde?nite period of time in the future.

Plaintiff will ask leave of court to amend this allegation once said amounts have been ascertained.

34. As a further legal result of the aforesaid unseaworthiness, Plaintiff is entitled to recover

prejudgment interest on all damages awarded on this claim.

FORTH CAUSE OF ACTION GENERAL MARITIME NEGLIGENCE
gigging Defendant WORLD WIDE TRUST)

35. Plaintiff incorporates all foregoing paragraphs of this Complaint as though fully set forth

herein.

36. Defendants, and each of them, were negligent for the following reasons:

Failure to properly maintain the 

5?

Failure to properly train their employees;

Failure to provide adequate safety equipment;

Pd .0

Failure to provide adequate safety rules;
Failure to provide adequate medical equipment;
Failure to provide adequate warnings of a known hazard;

Failure to comply with industry standards, customs and practices;

Frqorhro

Failure to recognize danger and take corrective action;

H-
-

Failure to avoid or minimize foreseeable dangers to the personnel aboard the VESSEL
resulting from potential ?re;

Failure to provide adequate means of emergency evacuation;

wa?v

Failure to adequately repair and/or maintain the 

Failure to timely eliminate known hazards;

5

Failure to timely rectify known deficiencies;



Failure to adequately plan the underlying voyage;

0. Failure to inspect the and
8

 

COMPLAINT FOR DAMAGES

 

Other acts deemed negligent.

37. As a legal result of the aforesaid negligent acts or wrongful acts or omissions, among

others, Defendants breached the duty of care they owed to Plaintiff.

38. As a direct and proximate result of the aforesaid acts and omissions of the Defendants,
and each of them, Plaintiff sustained severe injuries to his body, which resulted in physical pain, mental
anguish, and other medical problems. Plaintiff has sustained severe physical pain, mental anguish,
physical impairment, and dis?gurement. In all reasonable probability, Plaintiff?s physical pain, mental

anguish, physical impairment, and dis?gurement will continue inde?nitely.

39. As a further legal result of the aforesaid negligent acts or wrongful acts or omissions,
Plaintiff has sustained and will continue to sustain damages, including without limitation, general non-
economic damages, special economic damages, life care expenses, emotional distress and pain and

suffering, all of which will be established at trial according to proof.

40. As a further direct and proximate result of the aforesaid acts and omissions of the
Defendants, plaintiff has sustained and will in the future sustain loss of earnings, and loss of earning
capacity, in an amount not presently ascertainable to Plaintiff, who will seek leave of court to amend this

complaint to allege the amount of said losses when the same have been ascertained.

41. As a further, direct and proximate result of the aforesaid acts and omissions of the
Defendants, and each of them, Plaintiff was compelled to and did employ the services of physicians,
surgeons, nurses and the like, to handle and care for Plaintiffs treatment, and did incur medical,
professional and incidental expenses. Plaintiff is informed and believes and based upon such information
and belief alleges that he will necessarily and by reason of his injuries incur additional like expenses for
an indefinite period of time in the future. Plaintiff will ask leave of court to amend this allegation once

said amounts have been ascertained.
42. The foregoing wrongful acts or omissions occurred as a result of Defendants? willful

and/or arbitrary and/or wanton and/ or conscious and/or reckless disregard of their obligations under the

General Maritime Law. As a result, Plaintiff is entitled to an award of punitive damages, including

9

 

COMPLAINT FOR DAMAGES

 

OOKJON



without limitation, general punitive damages and reasonable attorney?s fees and costs against

Defendants.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for damages against Defendants, both jointly and severely, and

each of them, as follows:

1.

Actual damages;

2. Exemplary damages as allowed by law;
3. Pre-j udgment and post-judgment interest as allowed by law;
4. Costs of suit;
5.
6
7

All claims for relief;

. Attorney?s fees; and

. All other relief, in law and equity, to which Plaintiff may be entitled.

Dated: September 12, 2019

Respectfully submitted,
ARNOLD ITKIN LLP

dbl/W

Roland T. Christensen, Esq.

Jason A. Itkin (Pro Hac Vice pending)
Cory D. Itkin (Pro Hac Vice pending)
Ryan S. Macleod (Pro Hac Vice pending)
Jacob Karam (Pro Hac Vice pending)

 

 

Attorneys for Plaintiff

10

 

COMPLAINT FOR DAMAGES