Matthew Lyons, of Fairhaven, filed the $1.5 million lawsuit against the ship and its New Jersey-based owner, Sea Harvest Inc., Nov. 8. Lyons claims he suffered a shattered heel due to crew negligence and the ships "unseaworthiness."
Lyons' attorney tells The Standard-Times the lawsuit is based on the legal definition of unseaworthy, meaning any unsafe condition on the vessel.
Atlantic Cape Fisheries, owner of the Misty Blue, says the lawsuit is unrelated to the vessel sinking Monday.
Police say divers located an object believed to be the vessel Tuesday.
The search will continue Thursday for two of the four crewmembers that remain missing.
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