Leith docks toppled ship: Cook sues US government over 'life-altering' injuries

A cook who suffered "life-altering injuries" when a US Navy ship toppled over in Leith docks is said to be suing the US government for damages.

The BBC reported that Magin Luis Caballero claimed he was launched into a table when RV Petrel fell at a 45 degree angle at the Imperial dry dock on 22 March last year.

Research vessel Petrel toppled over at a dry dock in Leith. Picture: Jeff J Mitchell/Getty Images

A total of 35 people were injured in the incident, which is still being investigated by the Health and Safety Executive (HSE) and Police Scotland..

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

He is said to allege 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".

The BBC said 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.

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

The assistant cook reportedly said he spent "several weeks" in hospital in Scotland, before returning home. .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 BBC reported that Mr Caballero is also suing the US government for medical expenses, legal fees and loss of earnings and that 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 Petrel was once owned by late Microsoft co-founder Paul Allen, who used it to search for historic shipwrecks. The US Navy purchased it in 2022 for £10 million.

Its toppling triggered a major emergency operation with five ambulances, an air ambulance, three trauma teams, a special operations team and three paramedic response units all called to the scene, along with fire and rescue crews.

The 3,371-tonne, 250-ft vessel was eventually righted by two tugboats weeks after the incident and subsequently left Scotland. It had been docked in Edinburgh since September 2020 due to "operational challenges" brought about the Covid-19 pandemic.