In an ongoing lawsuit filed in July 2013, an Anchorage man alleges the owner and skipper of a King Cove fishing vessel should have known that a crewmember was not fit for work.

According to court documents in the case brought against the fishing vessel Desirae Dawn, owner and skipper Rudy Dushkin and crewmember Alberto Malagon, plaintiff Raul Fernando Robles was a crewmember of the Desirae Dawn in 2011.

Robles alleges that, during that time, Malagon performed duties under the influence of marijuana and alcohol and was negligent and reckless in carrying out his duties, causing Robles to be struck by seine lead line rings.

The complaint goes on to allege Malagon assaulted Robles in a separate incident in a King Cove residence because he believed that Robles would try to get him fired.

Malagon was later acquitted of assault charges in a jury trial in Palmer.

The suit alleges that Dushkin was negligent in retaining the employment of Malagon and “knew, or should have known” of the alleged wrongful acts and propensity for violence.

The defendants deny the charges.

The suit was filed in Kodiak court because “all relevant acts and omissions took place within” the district.

Robles seeks a minimum of $100,000 for pain and suffering, medical expenses, loss of earnings capacity and loss of ability to perform household services.

A trial setting conference will be held today at the Kodiak courthouse. 

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