Cook injured in ship toppling sues US government for $10m

A cook who sustained "life-altering injuries" when a US Navy ship toppled over in Edinburgh is suing the US government for damages.

Magin Luis Caballero said he was launched into a table when RV Petrel fell at a 45 degree angle at the Imperial dry dock in Leith on 22 March last year.

An investigation into the collapse, which left some of the 35 people hurt with life-changing injuries, has been ongoing for more than a year.

Mr Caballero, from Houston, Texas, has lodged a $10m (£7.82m) claim against the US government for failing to provide a safe working environment.

He said he suffered "mental anguish, pain and suffering, physical impairment and disfigurement and loss of enjoyment of life" as a result of the toppling due to "high winds".

A legal filing claims Mr Caballero – who was working as an assistant cook for US Navy contractor Oceaneering International - was "literally thrown across the galley" when the vessel was dislodged from its holding.

He alleges that constituted a failure to "provide a reasonably safe place to work" and a "vessel, crew and equipment fit for its intended use".

In legal documents published on 7 May, Mr Caballero's lawyers said he had been unable to work and continues to require "serious and ongoing" medical care.

The assistant cook said he spent "several weeks" in hospital in Scotland, before returning home shortly afterwards.

Mr Caballero is also suing the US government for medical expenses, legal fees and loss of earnings.

His claim was initially lodged in his home state in September, but magistrate judge Andrew Edison ruled that the case should be heard in Tampa, Florida, where the vessel is currently docked.

Judge Edison also denied the US government’s motion to dismiss the case.

The vessel - which measures 76m (250ft) and weighs over 3,000 tonnes - had been moored at the dockyard since 3 September 2020 due to "operational challenges" from the pandemic.

It was previously owned by the estate of Microsoft co-founder Paul Allen and had been used to search for shipwrecks and war graves at sea, including the lost World War Two cruiser USS Indianapolis.

In 2022, the Isle of Man-registered ship was sold to the US Navy.

It is operated by American-owned firm Oceaneering International.

Workers spent almost two months righting the ship last year before it left Scotland.

It returned to the US last June.

At the time, NHS Lothian said 23 people were treated in hospital and 12 at the scene following the incident.

Some are still being supported by the Sailors’ Society welfare charity.

The Health and Safety Executive and Police Scotland said a joint investigation into the incident was continuing.

The US department of defense declined to comment.