True story for all seamen, doctors, lawyers, judges, and for all those who want to read it.

 

WARNING FOR SEAMEN – JUSTICE  AT SEA 

 

 

 

 

 

 

 

 

 

 

 

One’s crew member call for distress to protect own health and seamen’s rights. 

Ivica Čolak – Dubrovnik – Croatia – Story about my wife and her injury on cruising ship M/v Seven Seas Navigator –  www.warningforseamen.info – – – It is responsibility, law, and also the law of the sea  to provide assistance to injured seaman I do not like to offend anybody but I have to write true facts that thousands of seamen be warned. If this truth offend anybody than they offended truth.

            This story contain 86 pages (A4 size page – from page 52 are documents and pictures – here is only short summary all facts-evidence, and information for seamen.                 

Only love can bring about transformation in the world of corruption.  J. Krishnamurti    

Every story has three sides. Yours, mine and the facts. Foster M. Russell

FEDERAL US DISTRICT COURT MIAMI – JUDGE JOAN A. LENARD

– Case No. 01-7765-CIV – Date Filed: 11/19/2001 – Case closed 02/06/2002 – Case reopened 02/14/2002 – Case closed 7/29/2004 – Colak v. Radisson Seven Seas, et al – Radisson Seven Seas Cruises, Inc, IN Personam – Seven Seas Navigator, IN Rem. Case reopened on 02/14/2002 Lipcon, Margulies, Alsina, p. a.  and judge Joan A. Lenard warned Defendants Radisson: “The Defendants misstated the law in this District and were cautioned that blatant misrepresentations of law are inexusable and will not be tolerated in future pleadings”. Judge said, “Defendants have offered the Court nothing more than their denial of Plaintiffs allegation”. The Defendants did not appeal, lost in all aspects! Why Radisson did not appeal when had opportunity to do it? – 40 ORDER Adopting Joint Scheduling Report setting Jury trial set for 9:00 9/20/04 Calendar call set for 2:30 9/14/04 Discovery cutoff 5/1/04 Pretrial conference for 2:30 9/9/ 04 – First lawyer Lipcon, Margulies, Alsina, p. a. got from federal court warrant to arrest and sale the ship – “The Navigator has issued a Letter of Undertaking from its insurance carrier guaranteeing payment of any judgment obtained by the Colak in this district court in consideration for Colak’s agreement not to arrest the vessel in Fort Lauderdale.” 2001 from Florida Southern US DISTRICT COURT MIAMI – first lawyer Lipcon, Margulies, Alsina, p. a. withdrew from case 09/18/2003. I received letter on 29 September 2003: ”Please find enclosed the Court’s Order allowing us to withdraw as your attorneys. Accordingly, we no longer represent you. You have until October 6, 2003 to notify the Court that you have either obtained new counsel or you wish to represent yourself (pro se). We wish you the best of luck.“ Lipcon, Margulies & Alsina, p. a. 

“UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Ana Čolak v Radisson Seven Seas Cruises Inc. CASE NO. 01-7765 CIV-LENARD SIMONTON – September 30 2003 – ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO NOTIFY THE COURT WHETHER SHE HAS RETAINED NEW COUNSEL OR WISHES TO PROCEED PRO SE – THIS MATTER is before the Court on Plaintiff s letter requesting an additional thirty (30) days to notify the Court whether she has retained new counsel or wishes to proceed pro se.  filed on September 29, 2003, and construed by the Court as a Motion for Extension of Time. After review of the Motion and the record, and being fully advised in the premises, it is ORDERED AND ADJUDGED that: 1. The Plaintifs Motion for Extension of Time, filed on September 29, 2003, is GRANTED.  2. Plaintiff Ana Čolak shall have up to and including November 5, 2003, within which to notify the Court she has retained new counsel or wishes to proceed pro se.”

Radisson’s lawyer – McIntosh Sawran Peltz Cartaya & Petruccelli – – Carol Lynn Finklehoffe. DEFENDANTS’ RESPONSE TO PLAINTIFF’S COUNSEL MOTION TO WITHDRAW COME NOW, the Defendants, RADISSON SEVEN SEAS CRUISES, INC., and the SEVEN SEAS NAVIGATOR, by and through their undersigned attorneys, and file their response to the Plaintiffs counsel’s Motion to Withdraw and would respectfully State as follows: 1. The Defendants have no objection to Plaintiffs counsel’s Motion to Withdraw, so long as Defendants shall be permited to continue with discovery by Service upon the Plaintiff on the address set forth in the Certificate of Service to motion of Plaintiffs counsel. CERTIFICATE OF SERVICE – WE HEREBY CERTIFY that a true and correct copy of the foregoing was mailed (to names and addresses of my lawyers, Lipcon… and Ana Čolak my adress Dubrovnik, Croatia) on September 11. 2003 – Adress of McIntosh, Sawran, Peltz Cartaya & Petruccelli P. A. Signed Robert D. Peltz” in front of Notary Public – I never recieved this document and I informed about it judge J. A. Lenard. 

Desperate search for new lawyer, contacted more than 50 lawyers, and last day 5 hours before the case closed got email replay from Admiralty attorney Mr. Kevin John Griffin he accepted my case.  – Second lawyer John Kevin Griffin – after appeal case closed on 03/2005

One lawyer did not accept the case because “. . . Radisson have a lot of money and can make the case very expensive“. Another,  “We cannot be involved in this case because it will be too expensive“. One wrote: “We have other clients in Croatia. The cases are expensive and not easy . . . ” One more: These type of cases with our clients overseas are expensive and time consuming. It is even more time consuming to be in Federal Court. The cruise lines have lots of money, . .I am very sorry but we can not take the case. . . Be certain to respond to the Court order, send a motion requesting additional time to obtain counsel.” One lawyer replied: “The reason why I wanted to know who was your lawyer is because if your former lawyer was not a seaman lawyer, then we would consider your claim. I’m sorry for you but Charles Lipcon (and myself) happen to be the most respected admiralty lawyers in the country. I’m sure there’s a lien on your file which means who ever you hire will have to pay Lipcon first.” – Also on 07/19/2004 court document 88 “GENERAL MOTION by Radisson Seven Seas in limine for the exclusion of certain materials at trial (wc). . . . . . . under B. “Similarly, this Court should also disallow any reference to Defendant’s superior financial resources vis-a-vis Plaintiff id. see case . . . (Fla. 3d DCA 1989) “They have a doctor, the best that money could buy. They went out and got a doctor. . .” – What was motive of doctor Allan Konce, Radisson’s agent to write lies and false medical findings? Doctor Allan Konce is sworn Court Expert Witness what is recorded in NASJVP Directory, California National association of state jury verdict publishers.

Year 2004 Defendants got Protective order from court – not to produce ship’s documents about my injury? What was motive of judge to hide ship’s documents, evidence against Radisson? also – Judge Joan. A. Lenard said, “it is RECOMMENDED that Plaintiff be prohibited from calling any expert witnesses at trial. Signed judge Andrea M. Simonton“ On whose side is this judge? Who wants to hide evidence and documents about injury? DEFENDANT’S MOTION FOR PROTECTIVE ORDER AND OBJECTIONS TO PLAINTIFF’S NOTICE TO PRODUCE DOCUMENTS. . . . June 14 2004. 2. . . . In her deposition notice, the Plaintiff has identified fourteen (14) areas of inquiry and requested production of  documents in seven (7) different areas. . . . . . 3. . . . , the Defendant has objections to several areas of inquiry and/or request for production documents . . . ” Judge also covered up doctor A. Konce because documents from ship’s hospital are different dates than dr. Konce’s?

From, MOTION AND MEMORANDUM TO RECONSIDER ORDER STRIKING PLAINTIFF’S PLEADINGS DISMISSING CASE, August 13, 2004 “8. Pleadings of a seaman ward of the Court should never be stricken for the conduct of her attorney. Her maritime claim should be seen on its merit. The Court has the power to deal with the undersigned attorney’s failure to comply with its rules and orders without issuing ultimate sanctions upon its ward, Ana Colak. Monetary sanctions, suspension from practice, conditions of practice before the Court, are all within the Court’s discretion and authority as sanctions against the undersigned attorney for his failings in this instance. . . WHEREFORE, the undersigned requests the Court set aside that portion of its July 28, Order striking the Plaintiff’s pleadings dismissing this seaman’s case and reset the case on its trial docket“. signed John Kevin Griffin

No other offense has ever been visited with such severe penalties as seeking to help the oppressed. Clarence Darrow – American lawyer 1857-1938 

Do you know what is Dignity – that is the virtue which possess only human being and it distinguishing humans from animals. You have it or not, doesn’t matter if you are rich or poor. It is true that many humans sold it for money and positions even if unlike animals they know what is true and lie, what is justice and what is injustice, what is right and what is wrong. Ivica, 2001

Have the courage to speak out about situations of injustice, even when doing so may threaten your own safety. Thich Nhat Hanh – zen master –  Being Peace

Ship Manager(s) Port State Control for ship m/s Seven Seas Navigator from PSC organisation US Coast Guard U.S.A. – port of inspection MSO Los Angeles/Long Beach on 24-05-2000 – Detention – No – Deficencie 0.

Few days before 24-05-2000 PSC inspection, shower door fell and hit bedroom stewardess Tanja at head (from Bulgaria, living in Canada), ship’s doctor gave her pain killer pills. I disembarked the ship on 26-05-2000

“In principle, all deficiencies must be rectified before departure of the ship. The following are the main criteria for the detention of a ship:

– a ship which is unsafe to proceed to sea will be detained upon the first inspection, irrespective of the time the ship is scheduled to stay in port”. . . “When a ship has been detained all costs accrued by the port State to inspect the ship will be charged to the owner or the operator of the ship or to his representative in the port State”. (Source PSC).

– If you refuse to help injured person because you can lost money, detention of the ship etc. you are not human, you are lower than animal?

–  The Radisson Seven Seas Cruises, Inc., Corporation from Fort Lauderdale – USA – accident happened on ship m/v Seven Seas Navigator under ownership Celtic Pacific UK, Ltd. Southampton, flying Bahamian flag. Signed Special Agreement with Italian ITF- FIT/CISL Marittimi Roma, Italy – seaman union, on 1 January 2000. Defendant Radisson admits at court: “Radisson has a bareboat charter for the vessel”. – “It was the duty of Defendant to provide Plaintiff with a safe place to work.”

“Chief Complaint. . . Evidently while cleaning the bathroom with moderately rough seas, she was standing with wide based gait, straddling the shower, supporting the glass door with one hand, washing with the other. The door came off its hinges falling, striking the left ankle causing her to twist without fall. . .Evidently for persistent pains and swelling about the left ankle, she pursued orthopedic evaluation in San Francisco May 26, 2000. A brace was provided with some medications (though patient states she was seen by an assistant, not the doctor and never examined). ” Description from medical examination dr. Mitchell S.Seavey M.D. P.A. Miami, US

“. . . I was present on board when on 17th January, 2000, in a passenger’s cabine the glass shower door fell onto Ana’s left foot ankle causing injury. . . She visited the ship’s doctor who put a bandage on an ankle. . . . She complained of pain but the doctor did not give her any ointment. Ana bought ointment herself, which she showed me, . ., and elastic sock that she wore for about a month and a half to ease the pain. Several stewardesses more were injured as well. Shower door fell onto me too. . . Since my working area was next to Ana Čolak’s I was present when the shower door in her cabin fell onto her prior her disembarkation, when she screamed and called for help. I heard her and helped her. I found her all scared and pale.“ In my presence the above named signed the document herewith attached. It is her own and true signature do herewith certify that: – . . . . , Biograd na moru, . . . ., whose identity I have ascertained having been submitted her personal Identity Card No. . . . . . issued by the Ministry of the Interior at Biograd na moru Croatia – Notary Public – Dušan Kvartuč – from witness statement written on 20th October 2000.

The Bahamas Maritime Authority – ”Wed, 16 Aug 2000 02:13:51 – Subject: Unsafe shower doors – To tech@bahamasmaritime.com – “ . . . I feel that you can do something and prevent future injuries. . . During my contract another three stewardesses have been injured, in passenger suite 822 shower door fell and injured me. One door fell in suite 820 luckily passenger was not hurt it was on last cruise from 10-25 March before ship suppose to go in dry dock in Panama. Passenger complained to reception and was very unhappy because waiting two hours for maintenance to repair the door. Same happened in suite 800. Two weeks before I left ship another door fell passenger suite 821. During my contract fell about 15 shower doors. . . Here are enclosed few pictures. I know that anniversary inspection from Bahamian inspector of this ship suppose to be now or next month so I hope that You can prevent future injuries by making ship safer for crew and passengers. MSA.Secs.l70,174.“ (In suite 835 door injured stewardess Indira A. hand, long time fingers pain) . . . – Email from 21 Aug 2000 15:31:44 +0100 Captain Colin Sandeman – Assistant Director Bahamas Maritime Authority, London – “ . . .We acknowledge receipt of your two fascimiles, email and photographs concerning the injury to your leg and foot and your allegation of the unsafe construction of the shower doors on board the vessel “ Seven Seas Navigator “. 

MEDICAL BOARD OF CALIFORNIA

In plain truth, lying is an accursed vice. We are not men, nor have any other tie upon another, but by our word. Michel Eyquem De Montaigne

” . . . . Dr. Konce is customarily hired by the defendants to examine injured seamen, prescribe treatment, and determine whether the injured seaman is physically able to return to work at that time. Id. Once again, defendants’ physician ignored Colak’s complaint. In fact, Dr. Konce never personally examined or even saw Colak while she was in his office. The “examination” was conducted entirely by a physician’s assistant, Lisa Few. Dr. Konce without ever seeing Colak, diagnosed her injury as an “uncomplicated left ankle sprain.” Instead treating her injury, Dr. Konce’s office prescribed pain killers and sent her back to work. Mrs. Colak’s injury did not improve, and, in fact, got worse. She returned to her native Croatia, and visited her own doctors. She was than diagnosed with extensive ligament damage, as result of her injuries and improper treatment occurring, in part, in United States territorial waters and on United States soil.” From Plaintiff’s Memorandum of Law in Opposition to Defendant’s Motion to Dismiss (Court Document 13, – Feb 25, 2002 – US District Court Miami, Forida. (First lawyers Lipcon. . . .) The Company sent me to orthopedist Allan Konce at Bay Medical Center in San Francisco whom I never seen in my life, nor I ever seen doctor Smith A. Ketchum from Overseas Medical Center, San Francisco, – who “referred” me for nothing to orthopedist. Orthopedist A. Konce gave false diagnosis and dates of injury under penalty of perjury. “I declare under penalty of perjury. . .” – “The above-captioned patient was interviewed and examined by me in orthopedic consultation”, I declared on 13 Jul 2003 in Miami in Deposition given under Oath for the Florida US District Court that I never saw dr. Allan A. Konce, and that is truth. Why Court or lawyers did and find who speaking truth? 

Every violation of truth is not only a sort of suicide in the liar, but is a stab at the health of human society. Ralph Waldo Emerson 1803-1882

Do not say untruthful things for the sake of personal interest. . . Thich Nhat Hanh

Citation against Allan A. Konce, M. D. orthopedist, sworn Court Expert Witness (Citation Order No: 20-2001-125290. . . December 27, 2001 (see original Citation pages 98, 99 from download page in – Documents from US District Court-Miami – Colak v. Radisson Seven Seas Cruises) who under penalty of perjury declare that he personally examined me. “On February 20, 2000, you prepared a “Permanent Treating Physicians Permanent and Stationary Report” which indicated that the patient had been under your care since October 26, 1999, when in fact the patient was never treated or evaluated by you. . . . . . . The board is ordering you to cease and desist from preparing false medical reports. . .” Signed – David. T. Thornton – Chief of Enforcement Medical Board of California.“ Also signature of dr. Konce from 26 May 00 on the two bottles of tablets (see page 66-77 in Warning for Seamen – Justice at sea.pdf from download page) I received and medical finding and signature on documents which I received from him and from V Ships afterwards same document with different signature of dr. Konce? – “Licensee Name ALLAN ANTHONY KONCE Primary License Status Code RENEWED/CURRENT | ENFORCEMENT Secondary License Status Code CITATION License Number G21789 License Type G Address . . . . . . Country USA Original License Date 12/09/1971 License Expiration Date 02/29/2004 Medical School UNIVERSITY OF ILLINOIS COLLEGE OF MEDICINE Year Graduated 1965 Effective Date of Action 12/27/2001 Fine Amount $600.00 Description of Action: FALSE STATEMENT IN DOCUMENT Disclaimer: A CITATION AND/OR FINE HAS BEEN LEVIED PURSUANT TO SECTION 125.9 OF THE BUSINESS AND PROFESSIONS CODE AND IS NOT A DISCIPLINARY ACTION. PAYMENT OF THE FINE AMOUNT REPRESENTS RESOLUTION OF THIS MATTER. Source Medical Board California internet site. This is way how Medical Board solve things, and doctor again write lies and false medical findings?  “How sad it is to find but vice, not love, in peoples hearts.” Milarepa 1052-1135 Tibetan’s yogi

I complained against dr. Konce to Medical Board of California he breached in my case California Penal Code Section 118-129 and Board did not punish him? – 126. Perjury is punishable by imprisonment in the state prison for two, three or four years, 123. It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; . . 124. The making of deposition, affidavit or certificate is deemed to be complet, within the provision of this chapter, from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true. – Medical Board of California – sent letter – Dear Ms. Čolak: The Medical Board of California has concluded its investigation into your allegation that on 05/26/00, Dr. Allan Konce, M.D., failed to correctly diagnose an injury to your ankle. Further, that Dr. Konce falsely signed a statement that he had personally physically examined her when he had not. It has been determined by the facts and evidence of this case that there is not sufficient cause to warrant pursuing an administrative action against the licensee. Thank you for bringing this matter to our attention and aiding the Medical Board in its mission to protect the public. Signed Andrew Hegelein – Supervising Investigator – Medical Board of California (see this letter page 100, from download page in – Documents from US District Court-Miami – Colak v. Radisson Seven Seas Cruises). I complained that I never seen doctor Konce and that he did not examine me. – – “A physician should exercise his art, not for his own benefit, but for the sake of the patient. If he practises merely for his own benefit, such a physician resembles a wolf, and is even worse than an ordinary murderer; for, while a man may defend himself against a murderous attack made upon him on the high-road, he has no means of defence against the murderer who, under the guise of a benefactor and protected by law, comes to steal his goods and destroy his life.“ – – “The power of the physician should be resting in the truth; if it rests upon lies, it will be useless and belongs to the devil. . . The art of medicine should be based on truth; it is a divine art which should not be prostituted for base purposes.“ Doctor Paracelzus 1493-1541  –  Ship’s doctors acted under order and not according medical profession and ethics. One court case in USA – Overseas Corp. v. United States, 433 F. Supp. 419, 421 (N.D. Ca. 1977) “Doctors who are hired by the shipowner to provide care for seamen are… agents of the shipowner, and the shipowner is liable for the malpractice of the doctor.“ Radisson Seven Seas Cruises never gave me ship’s documents about my injury to protect own company and to cover up dr. Konce’s false statements given under penalty of perjury. But all written evidence is against dr. Konce. And his diagnosis “uncomplicated left ankle sprain” “Work status Patient was returned to full, unrestricted duty as of that same date, 5/26/00” was proved wrong as all other orthopedists even those appointed by ship’s P&I insurer in Croatia and in USA claim that it is permanent disability. (see about my diagnosis in document – Warning for Seamen – Justice at sea.pdf from download page. I complained to President Ira Lubell of Medical Board of California but in vain. Also I complained to Attorney General of California, he answered: “Attorney General. . . Bill Lockyer regarding the Medical Board of California. . . does not seek to impose own policy judgment or control the administration of the business of his client agencies.” Attorney General one year issued for doctors in California 50 ACCUSATION, Accusation filed by the Attorney General’s Office against a licensee for violation(s) of the Medical Practice Act. i.e. – the quality of care and treatment provided by a physician (e.g. negligence), violation of drug laws or misprescribing. . . . etc. I complained against Dr. Konce and got above mentioned replays?  (see more on page 12 in full story 86 pages)

“The Commission considered Your petetion, all pertinent medical and other documentation as well as evidence of Dr. Stipanovic and concluded following: During your work on board a passenger ship you injured ankle, which have been immobilized, and orthopedic examination have been done app. 4 months after injury in the USA (San Francisco). . . ” Medical Board of Croatia (signed) prim. dr. Hrvoje Minigo on 23 May 2001.

WHAT RADISSON AND V SHIPS AND CAPTAINS, AND DOCTORS HIDING?

Fax from “V. Ships Leisure S.A.M. Monaco – To ITF – FIT CISL ROMA 4/10/2000 – Subject: Mrs. A. Colak – pages: 1 – . . .  Thank you for your fax of 3rd October 2000 regarding the above named – Our comments are as follows – Mrs. Colak signed off the vessel after completing her contract and was examined by a doctor in San Francisco. The doctor confirmed she was fit for duty as per this report already in your possession. Mrs Colak has been provided with all of the medical records in the Owners possession regarding her condition. According to her contract she is not entitled to sick wages because she completed the contract and was found fit for duty immediately thereafter.” Following from Legal Counsel in Croatia of P&I ship’s insurer email on “Mon, 2 Oct 2000 13:58:34 – Subject: MV “SEVEN SEAS NAVIGATOR“ . . . . . As you know on a passenger ship it is obligatory to record different documentation and same is archived according priority, and great part of it is destroyed. How your case have not character priority nor particular importance, documentation is not specially sort out and there is problem of locating it. However, if the ship is guilty for missing some document, and content which it confirm is undeniable, than it can not be bad for you. In concrete case it is not questionable that you had injury at work 17.1.00 as well as consequences which doctors ascertained until return to home. . .“ Exactly this hiding and destroying documents is very bad for me. – Official log Book record, safety record, medlog record, working time sheet, etc. – by law is not allowed to be destroyed. Did company ”great part of it is destroyed?“ Radisson is owner of the ship and official ship’s Log and safety record and other ship’s documents belong to owner. Radisson some documents about my injury destroyed, or misfiled, or did not record and hiding and did not give me for evidence to defend myself. Those who hide documents also hiding unlawfullness.  – Date: Sat, 23 Sep 2000 10:27:55 – Dear Mrs. Čolak, Please be informed that all the existing documentation on your case has been duly transmitted to V Ships Leisure at the time of your disembarkation. As your matter is being dealt with by V Ships Crew Department and their local P&I correspondent, please refer to them for any query you may have. Best regards, Staff Captain F. Mazza“ – “To: Master of the M/V Seven Seas Navigator – From: Ana Čolak – . . . I am still waiting to recieve my documents. Log Book can not be sent to V Ships Monaco because it is official ship’s document and stays all the time on board and must be available for inspection of Port Authorities, Coast Guard and other international agencies. First tell me on what page is recorded report of my injury on 17 January 2000. Second: I need copy of that page. . . . “ I worked on the ship m/v Queen Elizabeth 2, and got copy of ship’s Log book without asking for it about myself page 80 from 1999 year while I was on board? Even when I did not work anymore for Cunard Line, after more than one year I requested from QE2 ship Log for another crew member, name Samson and Cunard line sent it to me by mail. So if seaman request Log he must get it without any problem, especially about himself. I even did not get ship’s medlog from 25 May 2000 when ship’s doctor reffered me to orthopedist in San Francisco? What Radisson and V Ships hiding?

WHY – ITF DID NOT OBTAIN FOR ME PROMISED SICK WAGES AND MY DOCUMENTS ABOUT INJURY FROM THE SHIP – SEVEN SEAS NAVIGATOR –  BUT PROTECTED RADISSON?

I asked for help from Seamen Union ITF to obtain those important documents but Union rejected appeals for help. Strange, because the Union signed for the ship Collective Bargain Agreement and had right to inspect the ship anytime and obtain copies of any documents? and at that time was worldwide action against FOC (Flag of Convenience ships), m/s Seven Seas Navigator flying FOC Bahamian flag. “All too often, the worlds commerce is carried on FOC vessels to maximize profits at the expense of basic human rights and the safety of life at sea. . .“ from ITF source). Strange policy ITF fighting against FOC ships and signing Agreements with FOC ships? (see about ITF correspondence in document –  Warning for Seamen – Justice at sea.pdf from download page, also correspondence with Bahamas Maritime Authority). ITF world headquarter from London promised me help on 5 October 2000: “If your claim is for sick wages, the Action Unit will be able to deal with that for you”, and also: “Let me first of all assure you that we exist to ensure that Seafarer are treated in accordance with their contracts of employment and will act when a seafarer demonstrates that there has been breach of agreement”. ITF did not help and abandoned me. I received fax on 12 Sep. 2000 – Messagio Da: FIT-Settore Marittimi Oggetto: Ana Čolak – Injury – Dear Mrs. Čolak, Following your fax on 7 September 2000, in which you ask for documents about your injury, we have sent a fax to V.Ships Monaco explaining that you have right to receive them as soon as possible. . .Yours Sincerely. Remo Di Fiore National Responsible FIT/CISL ITF Marittimi Roma.“ I never received documents about my injury neither ITF obtained it for me. I contacted ITF inspectors in various ports of call of the ship, also ITF World headquarter London and FIT/CISL ITF MARITTIMI ROMA on 28 August 2000 and requested revocation of BLUE CERTIFICATE and Blacklisting of the m/v SEVEN SEAS NAVIGATOR and Company because of breach of signed Collective Bargain and contract of employment refused to pay sick wages, physical therapy, hiding documents about my injury, Log book, safety record, medlog, working time sheet etc. Why ITF did not revoke Blue Certificate and Blacklisted m/v Seven Seas Navigator and Company?

It is responsibility, law, and also the law of the sea to provide assistance to injured seaman

In the signed contract – which is printed on the back side of Letter of Appointment issued from “V.Ships Monaco as Manning Agents (the ”Agents“) for the vessel herein bellow stated”, (see page 55,56 original Appointment Letter, from Warning for Seamen – Justice at sea.pdf from download page) and which I signed in Fort Lauderdale USA as contract for work on m/v Seven Seas Navigator is written for injury will pay Owner. – ii. in the case of injury (other than self-inflicted injuries and injuries caused by wilful act of Personnel concerned), for so long as medical attention is required or until a medical determination is made in accordance with Article 12 concerning permanent disability whichever is the sooner. Sick wages . . Personnel signed off because of sickness or injury during, or at termination of service, and landed at any port, are entitled to wages at the rate of basic wages drawn on board the ship at the time of that sign off till: i.repatriation at the Owners expense or ii. arrival at home or place of original engagement. Personnel who continue to remain sick or injured shall be entitled to sick wages at a rate of basic wages up to a maximum of 120 (one hundred and twenty) days. The submission of satisfactory medical certificates from a registered medical practitioner shall be considered proof for the continued entitlement to medical attention.

– Article VII of the Laws of Oleron, an ancient maritime code dating to approximately 1200 A.D., states: “If it happens that sickness seizes on any one of the mariners, while in the service of the ship, the master ought to set him ashore, to provide lodging and candlelight for him, and also to spare him one of the ship-boys, or hire a woman to attend him.“

1272 year Dubrovnik had its first statute (in eight books) and urban planning. The seventh book of the Statute contains exclusively regulations concerning Maritime Law, which is the oldest such document in the world. Among other things, the statute says If a slave is embarked on a Dubrovnik ship – he must be considered as a free man.  Also sick seaman got full paid cellery during illness. Today in Croatia – citizen seaman must by law pay own health insurance in Croatia during employement on foreign ship, no matter what he is already insured by shipping company? It is all right that seamen must pay own health insurance when he is not working on a ship, but to pay health insurance while he is working for shipping company and is on the ship is not in Croatia – that is exploatation of seamen.

The truth is always exciting. Speak it, then. Life is dull without it. Pearl S. Buck

“It would be inhumane to leave a helpless man without succor.“ The Quaker City, 1F. Supp. 840 (E.D. Penn. 1931).

THEY CAN  SHARE PROFITS BUT NOT RESPONSIBILITIES?

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA IN ADMIRALTY – CASE NO. 01-7765 CIV-LENARD – Colak vs. Radisson Seven Seas Cruises. Inc, – US District Court in Miami – 12/21/2001 – 6 – ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Turnoff; Order directing parties to file Certificate of Interested Parties and Joint Scheduling Report (Signed by Judge Joan A. Lenard on 12/21/01) CCAP [EOD Date: 12/26/01]

– COMES NOW, Defendants by and through their undersigned counsel, in compliance with this Honorable Court’s December 21, 2001 order, submits the folowing list of parties that have a financial interest in the outcome of this case: 1. Radisson Seven Seas Cruises, Inc., 2. V-Ships Leisure., 3. M. S. Seven Seas Navigator., 4. Golden Ocean., 5. Carlson Cruises World Wide., 6. Assuranceforeningen Gard (ship’s P&I Insurer from Norway)“.

Ship’s insurer, Radisson or V.Ships and parties that have a financial interest in the outcome of this case did not pay my physical therapy (4 months, 5 days a week), ankle braces ($400-prescribed by my doctor, first on 22 02 2001 and second different brace on 29 07 2003 and confirmed from The Croatian Health Insurance Administration doctors-commission), permanent disability, sick wages, lost unearned wages during incapacity for work.  “seaman’s maintenance and cure claim ranks first in priority of maritime liens“

Our ship’s crew are our greatest asset for exploitation – I never received official ship’s documents about my injury, ship’s Log Book, safety record, all medlog records from ship’s hospital, etc. Injury is documented of permanent nature and is not my fault. The judge J. A. Lenard issued for Radisson – Protective Order – not to produce ship’s documents about my injury? And these documents are evidence against Radisson, – ships log record, safety record were not recorded? – The judge J. A. Lenard knew that these documents were not recorded. Staff captain Fausto of the ship m/s Seven Seas Navigator told us, that ship’s log is not recorded, because ship’s doctor did not inform him about it? Safety officer Sergio showed us on computer safety book and hard copy safety record book and my injury was not recorded? – breach of law! – Radisson got Protective Order? – not to produce ship’s documents about my injury? – Everything is clear.

THOSE WHO HIDE DOCUMENTS ALSO HIDING UNLAWFULLNESS

Everything is clear from beginning to the end. Why Judge closed my case? My lawyer Mr. Lipcon got warrant from US Federal Court in Miami to arrest and sale the ship Seven Seas Navigator – In case Figgie International, Inc. V. Alderman, ”a trial court entered a default judgment against a defendant for numerous discovery violations, including destruction of relevant documents. . . most severe sanctions-entry of a default judgment-was justified“ – What if Plaintiff do not want to accept ANY amount for settlement? – following default judgment – arrest and sale of the Radisson’s ”bareboat charter for the ship“ m/s Seven Seas Navigator. Owner of the m/s Seven Seas Navigator is Celtic Pacific Ltd. Southampton, UK. What? Jury could decide if case was not closed? The judge J. A. Lenard issued for Radisson Protective Order not to produce documents which have not been recorded on board m/s Seven Seas Navigator? Miroljub Mačešić attorney at law representative of P&I ship’s insurer in Croatia say: ”How you submitted request for specified payments, then is normal that from you are requested documents which confirm validity for those payments. . . You will understand that there are seafarers who submit unjustified requests, and even ascribe to events onboard a ship old injuries, which happened after disembarkation, and for that reason each case must be carefully established and documented.” I also demand my documents for my defense? -…………..GARD P and I Club’s lawyer Macesic requested medical records from me for my injury. I couldn’t send from ship’s physicians medical records because the ship refused to send me my medical records? – “which confirm validity for those payments“ Also – Radisson’s ship insurer P and I doctor Milorad Stipanović, Permanent Court Expert from Rijeka – . . On 18.10.2000 I performed medical expertise over Ms Ana Čolak who had suffered her left ankle injury on 17.01.2000 while serving on board M/V SEVEN SEAS NAVIGATOR as a stewardess. . . . It is possible that the left ankle was injured after her discharge from the ship again, i.e. after 26.05.2000. . . . Medical Findings issued by the respective orthopedic surgeon in San Francisco on 26.05.2000 have been submitted to me by Mr. Miroljub Maćešić, . . .“ How they can claim,“was injured after her discharge from the ship again, i.e. after 26.05.2000. . . .“ and refuse to send me medical records from ship’s hospital and I never seen dr. Konce in my life?
Radisson have from Court – Protective order not to produce documents about my injury  – and than is easy to speak: From Court document Radisson’s story? DEFENDANTS ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S . . . 1. The plaintiff was guilty of comparative negligence, which was proximate cause of her alleged injuries and any recovery by the Plaintiff must be reduced accordingly. . . . 2. . . The Defendant is not responsible for said injuries, damages and disabilities. . . . . . . 4. The Defendant affirmatively alleges that the Plaintiffs injuries alleged in part, where the result of a pre-existing injury or condition, which was not aggravated by the alleged accident claimed herein………“ Defendant claim this and never sent any requested document about my injury from ship’s hospital, even not the last medlog record on 25-05-2000 when ship’s doctor sent me to orthopedist? Why my injury was not recorded in ships Log and safety record?  – – – – – –  Excessive wealth, like power, tends to corrupt. E.F. Schumacher – SMALL IS BEAUTIFUL – – – – – – The ship m/v Seven Seas Navigator was not stable at sea, especially during high seas. Everybody knew it, because the ship was few days in shipyard and workers were putting more weight on the bottom of the ship, metal blocks for stability of the ship, so the Radisson also knows it – ship was unseaworthy. The ship was in shipyard in March 2000 in Panama more than two months after my injury. I’ve been injured during high seas. (see ship’s hospital medlog on 17/01/00 seven crew members were seasick). The ship Seven Seas Navigator was built on the body of old Russian ship icebreaker in T. Mariotti Shipyard-Genoa, Italy, 1999. The ship have few decks and it was higher than normal for ship’s stability. Radisson blame me for injury (falling shower doors – plastic hinges) and unseaworthy ship m/s Seven Seas Navigator? Radisson admits at court: “Radisson has a bareboat charter for the vessel”
– On 18 September 2000, P and I – lawyer from Croatia Miroljub Macesic emailed me: “I want to tell you that it is interest of Company and his P&I Club that you get all necessary medical attention, that your treatment be successful and after treatment do not remain any or as possible less permanent consenqueces. My task is to do the best what I can do that interest of Company and P&I Club would be met. I do not doubt that it is also in your interest.“
Split 17th October, 2000 “. . . Evening baths of the ankle, ung. Lasonil and ung. Voltaren. Checkup in 2 months and until then physical therapy. – R.S.: Head Doctor – Dr. sci. med. Igor Aljinović Spec. Orthopedist Polyclinic “dr. Obad” Split. I did not reach maximum medical cure, suffered pain and no physiotherapy used so far so I  informed VShips that I am under physical therapy treatment., and got email – From: graham.rogers@vships.com to: ana_colak@hotmail.com CC: kim.jefferies@gard.no, emanuele.torre@vships.com – Subject: Mrs. A. Colak Date: 18 Jan 2001 – 14:59:00 +0000 “. . . Thank you for your email of 12th January 2001. We note your comment that you are still under medical treatment but would respectfully point out that any costs you incur will not be refunded as treatment has not been authorised by the Company P and I representative in Croatia. . .” Mr. Mačešić write,“I want to tell you that it is interest of Company and his P&I Club that you get all necessary medical attention, that your treatment be successful and after treatment do not remain any or as possible less permanent consenqueces.” I answered Company deny me medical attention even today. It is responsibility, law, and also the law of the sea  to provide assistance to injured seaman.

What happened if Company hide or destroy documents: ”As the Third District observed in Figgie International, Inc. V. Alderman, 698 So.2d563 (Fla. 3dDCA 1997), rev. Dismissed, 703 So.2d 476 (Fla. 1997), a trial court entered a default judgment against a defendant for numerous discovery violations, including destruction of relevant documents. On appeal, the Third District Court of Appeal affirmed. It agreed with the trial court that defendant violated the discovery rules willfully and in bad faith. Therefore, it found that the most severe sanctions-entry of a default judgment-was justified.“ Source 2002 Handbook on Discovery Practice Joint Commitee of The Trial Lawyers Section of The Florida Bar, the Conference of Circuit Court Judges, and the Conference of County Court Judges.

WHEN FEDERAL COURT ISSUED WARRANT TO ARREST AND SALE SHIP SEVEN SEAS NAVIGATOR

– (Count I Jones Act Negligence, – Count II Unseaworthiness, – Count III Failure to Provide Maintenance and Cure, – Count IV Failure to Treat, – Count V in Rem Action Against Defendant Vessel). And my lawyer Mr. Lipcon in lawsuit asked from court for: ”. . . 18. On or about the previously stated date the unseaworthiness of Defendants’ vessel was a legal cause of injury and damage to Plaintiff by reason of the following: a. The vessel was unsafe and unfit due to the conditions created by Defendant as follows:. . . .19. As a result of the unseaworthiness of the vessel, the Plaintiff was injured about her body and extremities, suffered physical pain and suffering, mental anguish, loss of enjoyment of life, physical disability, impairment, inconvenience on the normal pursuits and pleasures of life, feelings of economic insecurity caused by disability, disfigurement, aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of her injuries, suffered physical handicap, lost wages, income lost in the past, and her working ability and earning capacity has been impaired. The injuries and damages are permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. In addition plaintiff in the past and in the future has lost the fringe benefits that come with his job, including but not limited to found, free food, free shelter, free medical care, free uniforms, vacation, and free air line ticket home and back. WHEREFORE, Plaintiff demands all damages entitled by law and demands jury trial of all issues so triable. . . 22. Under the General Maritime Law, Plaintiff, as a seaman, is entitled to recover maintenance and cure from Defendant, until she is declared to have reached maximum possible cure. This includes unearned wages (regular wages, overtime, vacation pay and tips), which are reasonably anticipated to the end of the contract or voyage which ever is longer. . . 23. Defendant willfully and callously delayed, failed and refused to pay Plaintiff’s entire maintenance and cure so that Plaintiff has become obligated to pay the undersigned a reasonable attorney’s fee. 24. Defendant’s failure to pay Plaintiff’s entire maintenance and cure is willful, arbitrary, capricious, and in callous disregard for Plaintiff’s rights as a seaman. As such, Plaintiff would be entitled to attorney’s fee under the General Maritime Law of the United States. . . 31. This is an action to enforce the named plaintiff’s maritime liens for her damages, injuries, wages, overtime and penalty wages against vessel 32. The vessel is presently located or will be located at the Port Everglades, Ft. Lauderdale, Florida. Wherefore plaintiffs demand judgement in rem against the vessel M/S Seven Seas Navigator for damages and costs as allowed by law. Further plaintiff demands that the vessel be condemned and sold and that the proceeds of the sale be distributed according to law.“

Recompense injury with justice. Confucius

WHAT MY LAWYERS RECOMMENDED FOR SETTLEMENT?

Injured seaman by the fault of company need not to extract anything from the cruise line, neither beg, but cruise line must pay according signed contract, ITF agreement, and laws. “Everyone is equal in front of the law” and if company breach law, do not pay, – then court must force cruise company to pay injured seaman and punish company for breach of own contract and law. Law must be equal for all – no privileges for rich corporations? – From my lawyer: “I received a letter from Gair O’Neill at Radisson Seven Seas who indicated you were paid $3,000 based on a disability retaining of 5 percent for your injury. Is that correct?“ 11/08/2001, . . .They are not willing to pay you anything more or to settle. . . . A copy of your lawsuit is in the next email.“ After this Radisson offered me to settle the case from letter on 16 Jul 2002 my lawyers wrote: ”The defendant in your case has again offered to settle your case for $12,500 and has indicated that they would go to $15,000 to effectuate a settlement“. . . and ”we strongly advise that this is a fair settlement offer and advise you to accept“. I have to pay almost half of this offered amount for my lawyers. My lawyer Mr. Lipcon wrote Jan 2001: ”Also the shipping company should provide you with food and shelter as well as lost earnings until you are done with your medical care.“ This I never been paid? I earn over $40,000 per year with tips, plus have everything free on the ship, food, accommodation, uniforms, paid plane tickets, bonus, etc. I wanted to work more on the ship because of my unfulfilled dream and situation in war torn Croatia. I worked with my husband already 10 years on the cruising ships and I never had any health problem, even never been of sick or seasick, always finished full contracts and got bonus from Company each time. From 26 May 2000 to 16 Jul 2002 passed two years and I did not work, sick wages, physical therapy has not been paid, neither maintenance, ankle braces, unearned wages. And finishing letter: “. . . As such, we again recommend that you give us authority to accept $15,000 as settlement of your case“. Lipcon, Margulies & Alsina, p. a.” Injury was not my fault. I had the best maritime lawyer in the United States of America, and all laws, ITF agreements, my signed contract, my injury was fault of the Radisson’s chartered unseaworthy ship, falling shower doors and I did not get paid anything – so this is only proof of what? – there is no justice.

– There is so-called legal justice which is totally different from actual justice. . . But the fact remains that there is terrible injustice in the world. J. Krishnamurti

– There is no such thing as justice, in or out of court. Clarence Darrow  1857-1938 American lawyer

– Man, when perfected, is the best of animals, but when separated from law and justice, he is the worst of all. Aristotle

I WAS NOT IN ATTENDANCE AT MEDIATION. WHAT I WAS NOT ALLOWED TO HEAR?

I have not been paid according ITF Special Agreement – my signed Contract of employment – overtime worked hours, sick wages, – for loss of profession $80,000 (Article 12. permanent disability compensation – Cruise Ship TCC, 1999 – “12.3 Loss of profession, in this Article, is defined as occurring when the physical condition of personnel prevents any future return to sea service, under applicable national and international standards”) so I have been forced to find lawyer. “I do not give you authority to accept $15,000 in my name as settlement for my case. . .” On the day of settlement in Miami 18 Jul 2003 my lawyer Mr. Margulies did not allow my husband to be present at settlement negotiations? He told him to wait outside. When I entered room there were present Gair O’Neill from Radisson company and their lawyer R. D. Peltz, my lawyer Mr. Margulies and mediator – Thomas E. Backmayer from Florida Mediation Group (see page 53,54 document from – Warning for Seamen – Justice at sea.pdf from download page). After few minutes of reading from my deposition all left room and I was alone in the room. Nobody offered me any amount for settlement? I was not in attendance at mediation. “7. . . The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. . . signed Judge J. A. Lenard“.

I was sitting outside and all lawyers with mediator entered in another room. I waited few minutes then knocked at the door and entered. Everybody was surprised. I asked Mr. Margulies can I be present at negotiation for my wife? He told me to wait outside. I left negotiation of lawyers. – – After some time returned my lawyer and typed on calculator offer of $40,000 and he said that I will get $20,500 and the rest for him. I straight rejected that offer which lawyers made deal without myself. Then he told me that I can talk with my husband but I said it is my injury and my final decision. Then came in mediator and my husband and Mr. Peltz again showed me statement from dr. Allan Konce? My husband told him it is false and that graphologist can easily explain it. Mediation finished and we left room. We returned back home to Croatia. On 25 August 2003 my lawyers wrote: ”The current offer is $40,000. When you rejected $20,000 we felt that it was reasonable…“. I did not accept final offer of clear $40,000 for my pocket from lawyers. I received letter on 29 September 2003: ”Please find enclosed the Court’s Order allowing us to withdraw as your attorneys. Accordingly, we no longer represent you. You have until October 6, 2003 to notify the Court that you have either obtained new counsel or you wish to represent yourself (pro se). We wish you the best of luck.“? “. Lipcon, Margulies & Alsina, p. a.

COURT CASES IN WHICH SEAMAN WON AT COURT – JUST TO COMPARE WITH MY CASE?

Liability of Shipowner for Negligent Treatment of Physician Providing Cure. Aholm v. American Steamship Company, 144 F.3d 1172, 1998 AMC 2352 (8th Cir. 1998), held a shipowner liable for the negligence of medical care providers where the initial injury was caused by fault of the  shipowner: “where a negligent tortfeasor is responsible for an injury requiring subsequent medical care, that party normally is liable for an injury during treatment of the victim.“ (Note: Radisson admits at court: “Radisson has a bareboat charter for the vessel.”)

Duty of Employer to Investigate and Pay Maintenance & Cure. Etheridge v. Rainier Investments, Inc., 1998 AMC 2978,2981 (D. Ak. 1998), broadly states: When a claim for maintenance and cure is made, there is an affirmative duty upon the vessel owner to promptly investigate the claim and to resolve all doubts as to the entitlement in the seaman’s favor.

Business Writer: by Tom Stieghorst – ”$965 injury claim leads to $3,5 millions jury award“

“. . . In 1990, Langmead won $50,000 in a trial for the accident in which an elastic exercise band snapped and hit her eye, but it was reduced to $5,000 because a jury ruled her 90 percent responsible for the injury. A judge threw out Langmead’s claim for the doctor’s bill and sick pay, but his decision was reversed on appeal clearing the way for a second trial, Langmead’s lawyer, Miami attorney Charles Lipcon, said on Friday. A six-person jury considered Lipcon’s argument that Royal Caribbean willfully and deliberately refused to pay Langmead’s $235 bill for two visits to her doctor, plus time off for two weeks of recovery. Lipcon also asked the jury to consider Royal Carribean’s 1993 profit of $106 million when awarding punitive damages. On Wednesday, the jury reached its veridict. Lipcon said the 3,5 million award is a lot of money, but not in relation to Royal Caribbean’s profits. “Under punitive damages, the amount has to be enough to teach them a lesson,“, Lipcon said. . . “

I have to repeat this again? Langmead vs. Admiral Cruises, Inc. Dade County Circuit Court, Case No. 898830. Plaintiff injured eye during exercising in the ship’s gym, and was struck by an elastic exercise band. I just asked Company to stick to signed contract of employment (art. 12) rejected, and I sued. – My injury was not my fault – not self-inflicted, happened while I was on duty, cleaning the bathroom, on high seas – defective shower door fell of plastic hinges, and hit my ankle. Company sent me to doctor whom I never seen in my life, almost nothing is recorded – willfully, about my injury in ships documents. When I reached maximum medical cure after 4 months (five days a week) physical therapy. – Same therapy Defendant Radisson and his manning Agent VShips Monaco and their profit shareholders did not pay? also did not pay two ankle braces $400 for my injured ankle – at the end because of injury – permanent disability I’ve lost profession at sea and land? – In my case my attorney Charles Lipcon write truth in the Court document: “22. Defendant willfully and callously delayed, failed and refused to pay Plaintiffs entire maintenance and cure. . . ”  In my case Radisson did not get lesson for not paying my physiotherapy (four months – five days a week), ankle braces 400$ and for my lost income because of injury? From my lawyers: Thu, 23 Oct. 2003 I don’t really understand your email. However you have not been abandoned. What has occured is that you do not want to follow the advice of Jason Margulies and myself but rather continue on a crusade for reasons other than get money for your injury. Since we were not hired to engage in a crusade for you, I felt that you would be better off with a law firm that would engage in your crusade. We obtained an offer for you that was more than I thought you could obtain in court. Since that was not what you really wanted, we withdrew after giving you notice.”  Lipcon, Margulies, Alsina, p. a.” Also Mr. Lipcon wrote: “New lawyer does not have to pay our fee. We can work out an agreement to get paid if the new lawyer is successful. . . ” Question is what is difference between my case and that of  Langmead vs. Admiral Cruises, Inc.  – and we had same lawyer?

In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same. Albert Einstein

From MOTION AND MEMORANDUM TO RECONSIDER ORDER STRIKING PLAINTIFF’S PLEADINGS DISMISSING CASE, August 13, 2004 “8. Pleadings of a seaman ward of the Court should never be stricken for the conduct of her attorney. Her maritime claim should be seen on its merit. The Court has the power to deal with the undersigned attorney’s failure to comply with its rules and orders without issuing ultimate sanctions upon its ward, Ana Colak. Monetary sanctions, suspension from practice, conditions of practice before the Court, are all within the Court’s discretion and authority as sanctions against the undersigned attorney for his failings in this instance. . . WHEREFORE, the undersigned requests the Court set aside that portion of its July 28, Order striking the Plaintiff’s pleadings dismissing this seaman’s case and reset the case on its trial docket“. signed John Kevin Griffin. The Judge waited so long time to make decision to deny motion for reconsideration to reopen the case from August 2004 to March 2005 it was 7 months? Case closed? I have not been paid for sick wages, expenses for my physical therapy, costs for ankle braces, lost wages and for loss of profession as well as all rights entitled by law and my contract of employment. . . Injury is not my fault, ship’s doctors did not treat me at time of injury, I’ve lost profession at sea and land. I still wanted to work on the ship, but because of ”uncomplicated left ankle sprain“ I cannot. The ship’s P and I insurer appointed own orthopaedist  Željko Cesarec and he wrote on 10/18/00 in Rijeka, Croatia. “. . . the remaining consequences are permanent. It is suggested to use orthopaedic devices, baths, shoes with higher boot-leg. A reconstruction surgery might eventually be considered with dubious result (time elapsed from the injury)” After physiotherapy finished on 3 April 2001 Spec. for Occupational medicine Dr. Branko Dukic in Dubrovnik wrote: “The stated diagnosis represents permanent obstacle for future employment on board a ship. General work ability significantly reduced, especially for work requesting larger physical effort, longer periods of standing, work in strained position. I suggest re-training into eventual office worker.” Croatian government commission expert ascertained disability 6/13/01: “incurred as a consequence of an injury: 8“ grade (30%) pursuant to para VII B item 15 of the List of Physical Damages (hereinafter: LTO)”. 

“. . . let not the judge meet the cause half way, nor give occasion to the party, to say his counsel or proofs were not heard.” Francis Bacon 1561-1626

Take all the robes of all the good judges that have ever lived on the face of the earth, and they would not be large enough to cover the iniquity of one corrupt judge. Henry Ward Beecher – Liberal US Congregational minister, 1813-1887 – 

“Every court should watch with jealousy an encroachment upon the rights of seamen because they are unprotected and need counsel….” Justice story, 1823

Laws grind the poor, and rich men rule the law. Oliver Goldsmith

This is a court of law, young man, not a court of justice. Oliver Wendell Holmes, Jr.

Law and justice are not always the same. Gloria Steinem – – – – – – – Justice is lame as well as blind, amongst us. Thomas Otway 1652-1685

There is a higher court than courts of justice and that is the court of conscience. It supersedes all other courts. . . Mahatma Gandhi 1869-1948   

In law a man is guilty when he violates the rights of others. In ethics he is guilty if he only thinks of doing so. Immanuel Kant 1724-1804

MOTION AND MEMORANDUM TO RECONSIDER ORDER STRIKING PLAINTIFF’S PLEADINGS DISMISSING CASE,  August 13, 2004

2. The Plaintiff, Ana Colak, is recognized by this Court as a seamen and therefore she is its ward. Seamen are traditionally wards of the courts of admirality jurisdiction.

4. Under similar circumstances the ultimate sanctions of striking pleadings is justified, however the ultimate sanction is not justified here, because the plaintiff, Ana Colak, is ward of this court and therefore blameless. The undersigned attorney bears the responsibility and blame for the Order issued by this Court. Monetary sanctions imposed by the Court on the undersigned attorney are just but striking the pleadings of a ward of the Court is contrary to and a deviation from the general maritime law. Chief Justice Rhenquist acknowledged the principle of admirality that seamen are wards of the court in the case Vaughan v. Atkinson, 369 U.S. 527 (1968). A seaman is no less ward of the court when in sickness, than when in health. In fact, his need for equity’s assistance is usually greater in the first case than in the second Fredelos v. Merritt-Chapman&Scott Corporation 447 F. 2d 435,440 (5th Cir 1971) LEXIS 9353 (seaman’s maintenance and cure claim ranks first in priority of maritime liens) Ana Colak’s for this Court‘s assistance under circumstances here are great and due to her status as ward of the Court it should set aside that portion of its July 28, 2004 Order Striking her pleadings and dismissing her case.

5. It is a matter of record that in September 2003 she faced dismissal as a result of her first attorney withdrawing from the case. . . . . John Kevin Griffin

“Every court should watch with jealousy an encroachment upon the rights of seamen because they are unprotected and need counsel..“ Justice story, 1823

“The only thing worse than suffering an injustice is committing an injustice.” Plato

“Defendants are hereby cautioned that such blatant misrepresentations of law are inexcusable and will not be tolerated in future pleadings.” Order denying motion to dismiss complaint  Feb. 18 2003 – Colak vs. Radisson Seven Seas Cruising, Inc.

ALL RADISSON’S WITNESSES, LAWYERS, JUDGES, COURTS CAN SPEAK WHATEVER THEY LIKE ABOUT THEIR LAWS – BUT WITHOUT EVIDENCE, THERE WILL BE NOT JUSTICE. Are they blind I am injured – not my fault and I’ve lost profession at sea and land. I never seen dr. A. Konce in my life, and did not receive ship’s documents about my injury? and they speak about Jones act, General Maritime US law. . . etc. Showing US court cases where plaintiffs for same things won case and for same things lost case? That is idiotic thing, I have to live for the rest of my life with my pain, because Radisson, and VShips and their shareholders which have financial interest in the outcome of this case, together with their ship’s and ashore doctors and captains were hiding falling of the doors, breached all laws and above all humaneness and willfully refused to treat me for injured ankle? Radisson breached law and by same law is protected – this is point of all this circus of law. Human beings having great power to create and destroy. When they put money in the first place, above life – then they are losing the power of true understanding, intelligence, and love, by greed their mind becomes impure, because of money they are destroying others. Court case – Overseas Corp. v. United States, 433 F. Supp. 419, 421 (N.D. Ca. 1977) “Doctors who are hired by the shipowner to provide care for seamen are… agents of the shipowner, and the shipowner is liable for the malpractice of the doctor.“ – Radisson’s doctors are not responsible human beings because they acted under order and not according medical profession and ethic. Hippocratic Oath – “The regimen I adopt shall be for the benefit of my patients according to my ability and judgment, and not for their hurt or for any wrong. . . While I continue to keep this oath unviolated, may it be granted to me to enjoy life and the practice of the art, respected by all men, in all times! But should I trespass and violate this oath, may the reverse be my lot!“ Hippocrates, Greek physician lived in the fifth century before Christ. For centuries, medical doctors have been required to take the Hippocratic Oath before practising medicine, and it is still part of many medical school graduation exercises. For Hippocrates, medicine was a lofty, honour-bound profession; for today’s doctors, medicine is reduced to a “business”.   

WHEN LAW KILL JUSTICE IT IS INJUSTICE – Law against Justice

– When injustice becomes law, resistance becomes duty.  ‘Che’ Guevara

– It is the spirit and not the form of law that keeps justice alive.  Earl Warren

– Although the legal and ethical definitions of right are the antithesis of each other, most writers use them as synonyms. They confuse power with goodness, and mistake law for justice. Charles T. Sprading – Freedom and its Fundamentals

– One can only imagine how effective justice might be if admissible in a court of law. Robert Brault

– Injustice anywhere is a threat to justice everywhere.  M. Luther King, Jr.

– A judge ought to prepare his way to a just sentence, as God useth to prepare his way, by raising valleys and taking down hills: so when there appeareth on either side an high hand, violent prosecution, cunning advantages taken, combination, power, great counsel, then is the virtue of a judge seen, to make inequality equal; that he may plant his judgment as upon an even ground. . . Judges must beware of hard constructions, and strained inferences; for there is no worse torture, than the torture of laws. Francis Bacon (1561-1626 ) – Of Judicature

– This court case was about my injury and what Radisson did wrong and not my lawyer? For Judge to see – Warren v. United States, 340 U.S. 523 (1951). Those who share profits must share responsibilities. . . . Justice of humans is weak as humans, my case have not been heard on its merit. The Judge punished me instead those who breach laws, own contracts, refuse to treat injured seaman . . . Until todate the Radisson and his shareholders did not pay for my physical therapy, ankle braces, sick wages, permanent disability, etc? Radisson at court in Miami claim that have no any responsibility for my injury, why then Radisson offered me money for settlement? . . . The Judge knows all this? How she could close the case?

“The only thing worse than suffering an injustice is committing an injustice.” Plato (B.C. 427?-347?)

Here from faxed message to Joan A. Lenard 10 pages on 5 October 2005. “Open Letter to Judge – . . . . . Main purpose of Law is that justice prevail, main duty of Judge is that justice be met, and both sides be heard. But some Judges doing opposite they are themselves unjust and partial. I don’t know why you after appeal of my lawyer to reopen the case did not let both sides be heard, . . You support injustice and those who making profits from workers and claim they have nothing with workers as workers according law can have only one employer, very nice excuse to be relieved from responsibility and make money. . . Protective order not to produce documents could be hidden breach of law – and law hidding unlawfulness, it means law is against law. Human justice? Plaintiff must produce documents  Defendant  get  protective  order? – “Justice is impartiality“. George Bernard Shaw

Some thoughts from – Warning for Seamen – Justice at Sea

– For money it is not worth to fight, but for truth and your human rights you must fight.

– There is something more worth than money, something that makes human being -True Being. When humans will learn this?

– It is possible to forgive only to those humans who behave like decent beings, if they honestly admit own mistake and show by thoughts, words, and deeds, they mean it – than everything could be settled in right way. But Corporation is strange entity.  It is guided by own laws, it is intelligence without heart, run and self-perpetuated by fear and greed.

– “Fear and greed cause the misuse of the mind. The right use of mind is in the service of love, of life, of truth, of beauty.” Nisargadatta Maharaj

– One lawyer told me if I do not want to sign confidentiality agreement that the Company will not settle. . . It means I have to sign that I will loose rights for free speech, will not be allowed to speak in public about, lies, tricks, breach of all laws from the Company, etc. The law and lawyers and judges teaching us to cover unlawfull things. If company is guilty it must pay according contract, law and that is all. This confidentiality clause is taking right of free speech, constraining people, and their freedom. In this world under confidentiality, top secrets, military and governmental, religious vows of secrecy are hiding the most illegal and monstrouos deeds. Protective orders – not to produce documents issued from court bless all illegal things. I will speak against it.  

– “A good conscience fears no witness, but a guilty conscience is solicitous even in solitude. If we do nothing but what is honest, let all the world know it. But if otherwise, what does it signify to have nobody else know it, so long as I know it myself? Miserable is he who slights that witness”. Seneca 5 B.C. – A.D. 65

– I respect judge, my lawyers even doctors as myself equal to myself as human beings, but I do not respect wilful lies and deeds which causing harm to another human beings. Everyone have own attitudes and acting according own conscience, and character, money is not the highest value in life. Don’t hate people, consciousness is one. This is only one of numberless life’s stories.

As in law so in war, the longest purse finally wins. Mahatma Gandhi (he was lawyer)

War does not determine who is right – only who is left. Bertrand Russell.

– This case is over but truth is not –

 Circumstances and conditions rule the ignorant. The knower of reality is not compelled. The only law he obeys is that of love. Nisargadatta Maharaj  1897- 1981 – I AM THAT

  Do not take life too seriously. You will never get out of it alive. Elbert Hubbard

Any life no matter how long and complex it may be, is made up of a single moment. The moment in which a man finds out, once and for all, who he is. Jorge Luis Borges  1899-1986

The search for reality is the most dangerous of all undertakings for it will destroy the world in which you live. But if your motive is love of truth and life, you need not be afraid.  Nisargadatta Maharaj  1897- 1981 – I AM THAT 

If you fear death you will also fear love. Bertrand Russel

Death separates the soul from body, but love separates all things from the soul. Meister Eckhart 1260-1327

That divine love draws us on. That divine love sustains us. That divine love destroys our ego, our mind, our senses, but frees our soul. The soul expands as everything else dwindles. The soul shines with the light of countless suns. It is transformed through the tears of love into love itself. That is the secret of secrets. Darshan Singh  1921-1989 – THE SECRET OF SECRETS

– Preach Life to the dying, and to the living, Death. But to those who yearn to overcome preach deliverance from both. – – – Aye, be dispossessed of everything except your Faith, your Love, and your yearning for release through Holy Understanding. Mikhail Naimy – THE BOOK OF MIRDAD

This is the Book of MIRDAD as recorded by Naronda the youngest and the least of his companions, a lighthouse and a haven for those who yearn to overcome. Let all others Beware of it!

Shipbuilders are you all. And sailors are you all. That is the task assigned you from eternity that you may sail the boundless ocean, which is you and therein find that voiceless harmony of being whose name is God.

– Words are vessels that ply the seas of Space and touch at many ports. Take care as to what you load them with; for having run their course, they shall ultimately discharge their cargo at your gate.

– Would you be masters of Duality? Treat it as neither good nor evil. Has not the milk of life and death turned sour in your mouths? Is it not time you rinsed your mouths with something that is neither good nor bad because surpassing both? Is it not time you yearned for the fruit which is nor sweet nor bitter because not grown upon the tree of Good and Evil? Would you be free from the clutches of Duality? Then pluck its tree – the tree of Good and Evil – out of your hearts. Aye, pluck it root and branch that the seed of Life Divine, the seed of Holy Understanding which is beyond all good and evil, may germinate and sprout instead thereof. 

– Draw no drafts for life upon a dying world lest you be drawing drafts on Death. The world can pay you in no other coin except its own which is a two-faced coin. But draw upon yourselves. Nor make demands on any man which you allow him not to make on you. And what is that which, if accorded you by all the world, would help you overcome your flood and disembark upon an earth divorced from pain and death and joined to heaven in everlasting Love and Peace of Understanding? Is it possessions, power, fame? Is it authority, and prestige and respect? Is it ambition crowned, and hope fulfilled? But each of these is but a fountainhead which nourishes your flood. Away with them, my waifs, away, away.
Be still that you may be clear. Be clear that you may clearly see the world. When you see clearly through the world, then will you know how very poor and powerless it is to give you what you seek of freedom, peace and life.
All that the world can give you is a body – an Ark in which to sail the sea of dual life. And that you owe to no man in the world. The Universe is duty-bound to furnish it to you and to sustain it. To keep it trim and stanch to breast the flood, as trim and stanch was Noah’s Ark; to leash the beasts therein and have them well controlled, as Noah leashed his beasts and perfectly controlled them – that is your duty, and yours alone. To have a faith bright-eyed and wide-awake which to put at the helm; a faith unshaken in the Omniwill which is your guide to Eden’s blissful portals – that is your business, and yours alone. To have a dauntless will for a commander, a will to overcome and to partake of Holy Understanding’s Tree of Life – that is again your work, and yours alone. God-bound is Man. No destination short of that is worthy of his pain. What if the way be long and strewn with squalls an tales? Shall not pure-hearted, keen-eyed Faith outwit the squall and override the gale? Make hast. For time bestowed on loitering is pain-infested time. And men, even the busiest, are loiterers, indeed. Shipbuilders are you all. And sailors are you all. That is the task assigned you from eternity that you may sail the boundless ocean, which is you and therein find that voiceless harmony of being whose name is God. All things must have a center from which to radiate and round which to revolve. If life – Man’s life – be a circle, and God-finding be thereof the centre, than all your work must be concentric with that centre, else where it loitering, though it be drenched in crimson perspiration. But since to lead Man to his destiny is the business of Mirdad, behold! Mirdad has fitted out for you a wondrous Ark, and Ark well built and well commanded. Not one of gopher wood and pitch; nor one for ravens, lizards and hyenas. But one of Holy Understanding which shall indeed be a beacon for all who yearn to Overcome. Her love for everything and all. Nor shall her cargo be lands and chattels, or silver, gold and jewels, but souls divorced from their shadows and mantled in the light of freedom of Understanding. Let those who would break their moorings from the Earth; and those who would be unified; and those who yearn to overcome themselves – let them come aboard.

The Ark is ready.
The wind is favoring
The sea is calm.
So taught I Noah
So I teach you.

Micayon: I would be weaned away forever from the Earth. How can I do it, Master?

MIRDAD: By loving the Earth and all her children. When Love is the only residue of all your accounts with the Earth, then will the Earth acquit you of her debt.  Micayon: But Love is attachment, and attachment is bondage.

MIRDAD: Nay, Love is the only freedom from attachment. When you love everything, you are attached to nothing.

– You live that you may learn to love. You love that you may learn to live. No other lesson is required of Man.

– Set a beacon aloft and go not about calling men to see it. Those who are in need of light need no invitation to light.

It is time men stopped the butchering of men. The sun and moon and stars are since eternity awaiting to be seen and heard and understood; the alphabet of Earth, to be deciphered; the highways of Space, to be traveled; and raveled thread of Time, to be unraveled; the fragrance of the Universe, to be inhaled; the catacombs of Pain, to be demolished; the den of death, to be ransacked; the bread of Understanding, to be tasted; and Man, the God in veils, to be unveiled. It is time men stopped the pillaging of men and unified their ranks to carry on the common task. Enormous is the task, but sweet the victory. All else is trite and empty in comparison.

Yea, it is time. But few only shall heed. The others must await another call – another dawn. 

 Mikhail Naimy 1889 – 1988 – THE BOOK OF MIRDAD – Lighthouse and haven

Now, Voyager, sail thou forth, to seek and find. Walt Whitman 1819 – 1892

“There are millions of books in the world, but The Book of Mirdad stands out far above any book in existence.” . . . “It is an extraordinary book in the sense that you can read it and miss it completely, because the meaning of the book is not in the words of the book. The meaning of the book is running side by side in silence between the words, between the lines, in the gaps.”. . . “The Book of Mirdad has been created by a man who knows the inner workings of human consciousness.” . . . “And it is a book to be read by the heart, not by the mind. It is a book not to be understood, but experienced. It is something phenomenal. Millions of people have tried to write books so that they can express the inexpressible, but they have utterly failed. I know only one book, The Book of Mirdad, which has not failed; and if you cannot get to the very essence of it, it will be your failure, not the author’s. . . Osho

“Let there be Light.” — Bible.

FORM, personality, and sensuality are the death of spirit: the dissolution of form, loss of personality and unconsciousness of sensuous perceptions, render spirit free and restore it to life. The elementary forces of nature, bound to forms, become the prisoners of the forms. Being entombed in matter they lose their liberty of action and move only in obedience to external impulses; the more they cling to form, the more dense, compact, heavy, and dull will they become, and the less will they be self-acting and free. . . . . .

Infinite love radiating from the centre of the All, eternally descends into the hearts of mankind. Divine wisdom has no separate will of its own, but is doing the will of the Father. Christ takes upon His shoulders the sins of the world, for he who has entered into the realisation of divine truth, has stepped out of the realm of ignorance and illusions and become free, is without sin, He can gain no personal benefit by His descent into matter; being perfection itself, He needs no further perfection.* As men and women become conscious of His divine presence, they become aware not merely of their own individual evils, but of the sufferings of humanity as a whole; they begin to suffer with and for each other, they recognise in the divinity in humanity the universal link that binds them all together into one harmonious whole.

* Bhagavad Gita, iii. 22.

Realising their high nature as sons of the eternal God, they die to all that is low, and the more they die to it the more will they become alive in the only true, real, and immortal life. The motto of the ancient Rosicrucian fraternity was: In Deo nascimur, in Jesu morimur, reviviscimus in Spiritu Sando; that is to say, they recognised that their souls were born from the universal fountain of all; they died to their lower natures by entering into the spiritual body of Christ, and gained eternal life by being penetrated, illuminated, nourished and glorified by the light of divine truth.

The temple where they worshipped was that of the “Holy Ghost,” the spirit of divine wisdom, pervading the soul of the world. This they represented by the symbols of Mercury and the earth joined in one.

These ideas are not new, they have not come into existence with the advent of modern Christianity; they are eternal truths, as old as the world, and they have been represented in various fables and allegories among the nations of this globe. In the “Old Testament” we find the doctrine of salvation represented in the story of Noah’s ark. Noah represents the spiritual man, and the ark the plane of divine self-consciousness. Only those elements of the psychic organism of man which enter this spiritual realm can be saved, while those who remain in a lower state are doomed to destruction. Upon the waters of thought floats the ship containing many compartments; the window of knowledge is open to enable the inner man to look out upon the watery waste. The intellectual raven is sent out to discover dry land, but it can find no place to rest, and returns to the ark; the dove of spiritual knowledge alone can find solid ground in the realm of the spirit; it returns carrying the emblem of peace, the doubts recede, and the ark is turned into a temple resting upon the top of the mountain of self knowledge.

Blessed is he whose ark during his terrestrial life is guided upon this Ar-ar-at of true Faith; it will enable him patiently and with indifference to bear the ills of terrestrial life until the soul is released from its bonds, and returns to its home in the eternal kingdom, having become separated from all the attractions of earth.

How grand and sublime are the mysteries of true religion! How superior is knowledge of the soul to speculative science! How infinitely great the living spirit of Truth!

Those who cling to external forms, cling to illusion. To convert an ignorant person by substituting one form of illusion for another is useless, and the money and labour expended for such “conversions” is wasted. Ignorance exchanged for ignorance remains ignorance still; a change of opinion cannot establish self-knowledge and an imaginary knowledge does not make a man wise.

If a man has religion, it matters little by what name he may call it, or under what form he may attempt to express that which cannot be expressed in a form. The Buddhist, who looks upon’ the image of Buddha as a figurative representation of a living principle, and who, in memory of a once living person in whom that principle found its fullest expression, and whose example he wishes to follow, offers flowers and fruits at his shrine, is as near the truth as the Christian who sees in the picture of Jesus of Nazareth the representation of his highest ideal, for it is not the person, however much he may be venerated, that ought to be worshipped but Divine Wisdom itself, without whose light Gautama could not have become a Buddha, nor Jesus a Christ. chapter 11 – Light –  Franz Hartmann, Published 1888

Everyone knows and cannot help knowing that, above all, wars, calling forth the lowest animal passions, deprave and brutalize men. Every one knows the weakness of the arguments in favor of war, such as were brought forward by De Maistre, Moltke, and others, for they are all founded on the sophism that in every human calamity it is possible to find an advantageous element, or else upon the utterly arbitrary assertion that wars have always existed and therefore always must exist, as if the bad actions of men could be justified by the advantages or the usefulness which they realize, or by the consideration that they have been committed during a long period of time. All so-called enlightened men know all this. Then suddenly war begins, and all this is instantly forgotten, and the same men who but yesterday were proving the cruelty, futility, the senselessness of wars now think, speak, and write only about killing as many men as possible, about ruining and destroying the greatest possible amount of the productions of human labor, and about exciting as much as possible the passion of hatred in those peaceful, harmless, industrious men who by their labor feed, clothe, maintain these same pseudo-enlightened men, who compel them to commit those dreadful deeds contrary to their conscience, welfare, or faith. 

13 May, 1904.
I should never finish this paper if I were to continue to add to it all that corroborates its essential idea. Yesterday the news came in of the sinking of the Japanese ironclads; and in the so-called higher circles of Russian fashionable, rich, intellectual society they are, without the slightest conscientious scruples, rejoicing at the destruction of a thousand human lives.Yet to-day I have received from a simple seaman, a man standing on the lowest plane of society, the following letter: [3] “Much respected Lyof Nikolaevitch, I greet you with a low bow, with love, much respected Lyof Nikolaevitch. I have read your book. It was very pleasant reading for me. I have been a great lover of reading your works. Well, Lyof Nikolaevitch, we are now in a state of war, please write to me whether it is agreeable to God or not that our commanders compel us to kill. I beg you, Lyof Nikolaevitch, write to me please whether or not the truth now exists on earth. Tell me, Lyof Nikolaevitch. In church here a prayer is being read, the priest mentions the Christ-loving army. Is it true or not that God loves war? I pray you, Lyof Nikolaevitch, have you got any books from which I could see whether truth exists on earth or not? Send me such books. What theycost, I will pay. I beg you, Lyof Nikolaevitch, do not neglect my request. If there are no books then send me a letter. I will be very glad when I receive a letter from you. I will await your letter with impatience. Good-by for the present. I remain alive and well and wish the same to you from the Lord God. Good health and good success in your work.” –  [3] The letter is written in a most illiterate way, filled with mistakes in orthography and punctuation. (Trans.) – – Leo Tolstoy – BETHINK YOURSELF

” If men only understood all the emptiness and acting
of the sleeping and the waking of the souls they judge so blindly,
of the hearts they pierce so unkindly, they, with gentler words and feeling,
would apply the balm of healing – if they only understood.”
“Kindness, nobler ever than revenge.”
William Shakespeare

The solid, solid universe is pervious to love;
with bandaged eyes he never errs, around, below, above.
His blinding light he flingeth white on God’s and Satan’s brood,
and reconciles by mystic wiles the evil and the good.
Ralph Emerson

“Truth is within ourselves; it takes no rise from outward things, whate’er you may believe.” Robert Browning 1812-1889

“Man who man would be
Must rule the empire of himself; in it
Must be supreme, establishing his throne
On vanquished will, quelling the anarchy
Of hopes and fears, being himself alone.”
Percy Bysshe Shelley 1792-1822

 If anything is to be done, let a man do it, let him attack it vigorously. Buddha

Have no fear of new horizons!
Set sails, leave the safe harbour
and let yourself carry away with the wind
straight into future! J. Lanford

As I watched the seagulls, I thought,
that’s the road to take; find the
absolute rhythm and follow it with
absolute trust. Nikos Kazantzakis 1883-1957

We are all in the same boat in a stormy sea. G. K. Chesterton

 To save a sinking ship it is necessary to throw overboard the ballast, which though it may once have been needed would now cause the ship to sink. Leo Tolstoy