BOSTON - The fishing boat that sank off of Nantucket earlier this week, leaving two crewmembers missing, is the subject of a lawsuit that was filed less than a month ago.

The Boston Herald reports that Fairhaven fisherman Matthew Lyons filed the civil action suit on November 8 in U.S. District Court in Boston against Sea Harvest, Inc., of New Jersey, the parent company that owns the Misty Blue.

The suit alleges that while Lyons was serving aboard the Misty Blue on September 15, he was "seriously injured" as a "result of the negligence of the captain/crew of the vessel." The suit claims the vessel's "unseaworthiness" contributed to his injury.

Danny Cohen, owner of the Misty Blue, tells the Boston Herald that the injury described in the suit happened at the dock, and there was no issue of unseaworthiness as the boat was not moving.

In a press conference Tuesday, vessel manager Chad Brayton said the Misty Blue had no mechanical or structural issues.

The suit seeks $1.5 million in damages.

The case has been assigned to a judge and summons have been issued.

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