A former commercial fisherman is seeking compensation after alleging that unsafe practices aboard a fishing vessel led to severe spinal injuries and long-term disability. The complaint was filed by Salvador Herrera Salazar on March 30, 2026, in the United States District Court for the Eastern District of North Carolina against Trawler Jonathan Ryan Inc.
According to the court filing, Salvador Herrera Salazar worked as a deckhand on the F/V Miss Emily, a vessel owned and operated by Trawler Jonathan Ryan Inc., which conducts business out of North Carolina and Massachusetts. The incident at the center of the lawsuit occurred on or about April 30, 2023, while the vessel was engaged in commercial scallop fishing off the Port of New Bedford.
The complaint outlines that during inclement weather conditions, the vessel’s captain left the wheelhouse unattended to operate equipment from a lower vantage point on deck. This decision allegedly resulted in inadequate oversight as waves struck the vessel broadside. The plaintiff claims he was thrown across the deck by a violent wave impact, causing him to be crushed against metal railings and suffer traumatic spinal fractures.
The document states: “As a result of the Captain’s unsafe operation, the Plaintiff was thrown into the air with such great force that he was carried across the entire length of the Vessel…and ultimately forcefully crashed back down onto the steel-plated work deck.” The complaint further alleges that after sustaining these injuries, Herrera Salazar did not receive immediate first aid or emergency assistance from either the captain or owner. Instead, it is claimed that fishing operations continued for two additional days before returning to port.
Upon returning to shore more than forty-eight hours later, Herrera Salazar asserts that unloading scallops at an auction house was prioritized over calling an ambulance for his injuries. He maintains that this delay exacerbated his pain and prolonged his access to necessary medical treatment.
The legal filing accuses Trawler Jonathan Ryan Inc. of multiple breaches of duty under both federal maritime law and general maritime law principles. These include failing to provide a safe workplace, adequate supervision and training, appropriate equipment, prompt medical care, and reporting requirements to authorities such as the United States Coast Guard.
Herrera Salazar brings several causes of action against his former employer: negligence under the Merchant Marine Act of 1920 (the Jones Act), unseaworthiness under general maritime law, failure to provide maintenance and cure (ongoing support for injured seamen), and intentional or negligent denial of those benefits. He claims ongoing pain requiring medical treatment and asserts he is now unfit for employment as a commercial fisherman due to his injuries.
The plaintiff seeks compensatory damages covering past and future lost wages, medical expenses, pain and suffering—both physical and mental—as well as punitive damages where applicable. He also requests pre-judgment and post-judgment interest, attorneys’ fees, court costs, and any other relief deemed appropriate by the court.
Attorneys listed for Salvador Herrera Salazar include Oumayma El Hamzaoui and Frank J. Gordon from Gordon Stewart Spradlin PLLC in Raleigh; Michael B. Flynn, Kathleen A. Reagan, and Christopher A. Labora from Flynn Wirkus P.C., with special attorney appearance motions pending in this case (Civil Action No.: 4:26-cv-46).
Source: 426cv00046_Salazar_v_Trawler_Jonathan_Ryan_Inc_Complaint_Eastern_District_North_Carolina.pdf
