A wrongful death suit has been filed against Pacific Alaska Shellfish, over the drowning deaths of Razor Clam diggers who died when their skiff swamped in heavy seas last May 17, 2011.
It has been a little over a year since the accident that took the lives of five clam diggers in the rough waters of Cook Inlet near Kalgin Island last year. Perished in the mishap were Roberto Ramirez-Pacheco, 42, Jose A. Sandoval, 34, of Bakersfield, Calif.; Avelino Garcia Oropeza, 36, of Oregon; Jose Rivera Sandoval, 24, of Los Angeles; and Ramon Valdivia Isiordia, 31, of Oregon.
Now a year later, the families of the ill-fated men have filed a lawsuit against Pacific Alaska Shellfish, Dulcich Inc., and Frank Dulcich claiming that the equipment provided for the diggers was inadequate and survival suits were not provided for the workers. The suit also points out that the workers were never given istructions on the operation of the boat in ocean waters, given swimming or lifesaving lessons, or proper loading instructions for the vessel. Additionally, the plaintiffs point out that the company never supplied radio communication to the workers in case something went wrong. The suit was filed last week on Thursday in U.S. District Court.
During that fateful day last year, one clam digger, Noel Garcia, refused to board the vessel, which he said had approximately 100 buckets of clams aboard. He told Alaska State Troopers that he felt the craft was overloaded with product estimated at 3,500 pounds. The tide and rough seas added to his concern. He decided to walk back to the the fish camp at Polly Creek rather than to risk the ride back in the skiff. That was the last time he saw his companions alive.
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The skiff was found later by other clam diggers. The skiff was now on the beach as the tide had fallen in the meantime. Half of the clam cargo was still aboard the vessel while the rest was scattered around the craft.
Of the victims, only one was found wearing a life vest. But, even that couldn’t save him from the frigid waters of Cook Inlet.
The workers for Pacific Alaska Shellfish were paid by the bucket for digging clams. They did the back-breaking work for $100 to $150 a day depending on their production.