FAIRHAVEN, Mass. (WPRI) – A lawsuit filed less than a month ago alleges the now-sunken fishing vessel “Misty Blue” was unseaworthy.
The Coast Guard suspended the search for the missing crew members Michael Roberts, 44, and Jonathan Saraiva, 32, Tuesday night after the vessel sank about 10 miles off the coast of Nantucket Monday night.
According to court documents, the $1.5 million civil lawsuit was brought by a Fairhaven fisherman who claims that he was seriously injured in September due to the captain and crew’s negligence and the “unseaworthiness” of the Misty Blue.
The suit is against both the Misty Blue and the New Jersey-based owner, Sea Harvest, Inc. It was brought on November 8 in U.S. District Court in South Boston.
Court records indicate that the a judge has been assigned to the case and summons have been issued.
Tammy Roberts, wife of Michael Roberts, said previous trips on the Misty Blue involving her husband had issues.
“This was the fifth trip they were trying,” she said. “The last four times they’ve gone out they had to come straight back [because of] pump issues and issues with a door. It’s been about a month…the boat keeps breaking down so they’ve been in and out.”
Chad Brayton, Vessel Manager for Atlantic Capes Fisheries, denied any prior issues with the Misty Blue when asked directly.
Copyright 2017 WPRI