US court may dismiss Pinoy seaman’s suit

A United States court is likely to dismiss the $1-billion punitive and compensatory suit filed by a Filipino crewmember of the SS Norway for lack of jurisdiction.

Local manning agencies said yesterday the US court hearing the case of Filipino Abdi Comedia might rule to transfer the complaint to a court in the Philippines.

"It’s a matter of establishing jurisdiction," said Doris Magsaysay-Ho, chairwoman of Magsaysay Maritime Corp.

Magsaysay-Ho said there have been recent US court decisions transferring jurisdiction on claims by Filipinos to Philippine courts.

"Philippine contracts by law fall under Philippine jurisdiction and we are hopeful that the US court would see it in their decision," she said.

The Migrant Workers’ Act provides that jurisdiction over money claims in connection with the employment of overseas Filipino workers shall be with Philippine courts, she added.

Magsaysay-Ho said other foreign shipping companies hiring Filipino seafarers are closely watching the outcome of the case and such could adversely affect the deployment of Filipino seamen.

"If 10 filed a suit, that could affect the deployment of the other 200,000 Filipino seafarers," she said.

However, Magsaysay-Ho said the Norwegian Cruise Lines assured that they will continue to hire Filipino seafarers despite the suit filed by Comedia.

Representatives of the shipping company are coming to Manila next month to recruit more seamen, she added.

Magsaysay-Ho said local manning agencies are closely working with Norwegian Cruise Lines for the immediate release of the benefits due the families of those who died in the accident.

Last May 25, seven Filipino seafarers were killed and seven others injured when the boiler room of the Norway exploded and caught fire while docked at Miami, Florida.

Shortly after the accident, Comedia’s lawyer, Bill Huggett filed a suit for $1 billion punitive damages and $1 million compensatory damages against the Norwegian Cruise Lines, owner of the Norway, before the 11th Judicial Circuit Court of Miami, Florida.

Huggett alleged that Comedia was injured due to the "sea unworthiness" of the SS Norway.

Apart from Comedia, four other injured Filipinos and the families of those who died are reportedly planning a similar legal action against the Norwegian Cruise Lines.

The remains of six Filipino seamen killed in the accident arrived at the Ninoy Aquino International Airport aboard a Northwest Airlines flight from the United States early this month.

Administrator Virgilio Angelo of the Overseas Workers’ Welfare Administration (OWWA) said Ramil Bernal, Ricardo Rosal, Candido Valenzuela and Rene Villanueva were killed instantly, while Mari John Bautista and Ramon Villasis, who sustained third degree burns, died later from serious injuries at the hospital.

"We feel the unbearable pain of the wives of the seafarers in losing their partners but what makes the lives of the OFWs doubly meaningful is the way they dedicate it not only to their family but also for the country," he said.

OWWA has given P120,000 to the family of each of the victims, representing insurance gratuities, scholarship program and other forms of assistance, in addition to benefits from their foreign employer.

Earlier, Labor and Employment Secretary Patricia Sto, Tomas cautioned the Filipino seafarers and their relatives against filing a damage suit as it could hamper the hiring of Filipino seafarers abroad. – Mayen Jaymalin