Family sues Westcott over lost crew member
Case claims mail boat firm failed to enforce safety regulations
David Shepardson
The Detroit News, Wednesday, October 31, 2001
Copyright 2001, The Detroit News


The brother of David Lewis, 50, of Eastpointe filed suit against the J.W. Westcott company in U.S. District Court. Lewis's body has not been found. On Monday, the body of 48-year-old Catherine Nasiatka of Algonac was discovered on the boat.

The two crew members were not wearing life-jackets, while a pair of rescued Canadian freighter pilots were, said O'Bryan Baun Cohen, a Birmingham attorney for Andrew Lewis.

"Those pilots coincidentally floated up to the surface and lived," Cohen said. "The investigation will probably reveal that Westcott never enforced any safety regulations."

The J.W. Westcott sank off Zug Island on the Canadian side of the Detroit River as it was ferrying two freighter pilots to the 533-foot Norwegian fuel tanker Sidsel Knutsen.

Cohen said they would likely sue the Norwegian tanker at a later date for its role in the sinking.

Lewis had worked on the Westcott for about two years. Before that, he worked as a traveling stage hand for a band. He has two children, Lewis said.

The Westcott was hauled up from the Detroit River on Monday and taken to an Ecorse salvage facility.

Paul Jagenow, a senior dispatcher for the J.W. Westcott Co., said the 45-foot vessel, which was built in 1949 and weighs 11 tons, was salvageable "in weeks, not months."

He said there was some damage to the engine and a few windows were broken while the ship was being towed out of the water, but the ship was in good condition.

The Westcott's job of delivering mail and pilots to Great Lakes ships is being done by a back-up boat, the Joseph J. Hogan. A Port Huron pilot boat, the Huron Maid, is also assisting the company, he said.

Jagenow said he was unaware of the lawsuit. The Norwegian company could not be reached for comment.