Three people have filed separate lawsuits against the owner of the schooner Grace Bailey for injuries they suffered during an October 2023 incident aboard the schooner that claimed the life of a doctor.
Katherine McCann, who now lives in Saint John, Newfoundland, filed a lawsuit Wednesday in U.S. District Court in Bangor against the schooner Grace Bailey and Grace Bailey Navigation Co. Inc. of Rockland.
Maureen Colvin of Scituate, Massachusetts, filed her lawsuit in U.S. District Court in Portland on Thursday.
And Christopher Sarao of Lubec filed his lawsuit in the federal court in Portland on Oct. 2. He filed an amended one Friday and also named as defendants the schooner captain Samuel J. Sikkema; former owners Raymond Williamson and Ann Williamson; Michael F. Rogers, individually and doing business as Privateer Boatbuilding who personally performed, directed or participated in the June 2014 repairs to the Grace Bailey’s mainmast and foremast and the associated assessment of the unrepaired portions of those masts through a repair operation known as Privateer Boatbuilding; and unnamed workers who worked on the vessel.
McCann was hired to perform music for the schooner for its final sail of the season, which was a fall foliage adventure.
On the schooner’s return to Rockland Harbor on Oct. 9, 2023, after a four-day sail, the schooner experienced a catastrophic mainmast failure whereby the mainmast split and collapsed on the deck. The mast struck McCann and four others including Dr. Emily Mecklenburg, 40, a resident of downtown Rockland, who was declared dead when she was brought ashore by a Coast Guard boat following the accident.
McCann argues in her federal lawsuit that she was a seaman for purposes of the maritime law known as the Jones Act. McCann is a musician and her group Skylark had performed on the vessel.
McCann was brought ashore by the U.S. Coast Guard following her injuries and received urgent/emergency treatment from Rockland Emergency Medical Services, LifeFlight of Maine and Northern Light Eastern Maine Medical Center in Bangor. She later received medical treatment from several medical and mental health providers.
The lawsuit states she has received and continues to require medical treatment for her injuries, and continues to experience pain and suffering as a result of her injuries. McCann has incurred medical bills and expenses as a result of the medical treatment she received. Some of the injuries may have resulted in permanent impairments, according to the lawsuit. She has also missed work and lost earnings.
The lawsuit claims negligence on part of the Grace Bailey and that the vessel was unseaworthy.
McCann is represented by attorney Stephen W. Koerting of Portland.
Colvin and Sarao were both injured when the mast struck them. Each is reporting serious injuries that continue.
Colvin is represented by attorney Joseph Orlando of Gloucester, Massachusetts. Sarao is represented by attorneys Trevor Savage and Sean Murphy of Auburn.
Colvin stated in the lawsuit that when she was struck by the mask she was propelled down eight feet of stairs. Despite her injuries, she came back up the stairs to assist other injured passengers. She said she saw other passengers attempting to provide CPR to Mecklenburg but that she was beyond recovery.
The captain appeared to be in shock and offered no care or service to passengers, Colvin’s lawsuit claims. She said the Coast Guard took over when they arrived at the vessel.
Sarao was assisting other passengers after he was initially struck and then was struck again, according to the lawsuit.
An exhaustive, nearly two-year investigation by the Coast Guard found that a series of missteps led to the fatal accident. The Coast Guard issued its report in July 2025.
Some of the issues can be traced back to 30 years earlier when a prior owner purchased the masts, including the one that snapped because of rot.
“Based on the findings of this investigation, it is not recommended that any administrative or punitive action be taken against any Coast Guard personnel. It is not recommended that suspension or revocation action be taken against any credentialed mariner. Additionally, it is not recommended that criminal prosecution be taken against any person or entity,” the report stated.
The report finds that the problems began when the former owner ordered masts and the supplier provided ones that did not meet the specifications requested. The former owner accepted the masts, however, according to the Coast Guard report.
“In November 1992, the owner personally inspected the material and confirmed these deviations, which included deficiencies in annual growth ring count, sapwood on the upper portion of the mast, and issues with knot size and spacing. Additionally, since air-dried material was unavailable, the material was kiln-dried instead. Despite these discrepancies, the owner proceeded with the purchase and accepted delivery of the masts in May 1993. While some sapwood remained, it should be noted that this condition was limited to minor streaking and was subsequently removed during final mast shaping,” the Coast Guard report stated.
“The mast indeed lacked the specified annual ring count, which is crucial for mechanical strength properties,” the report stated.
The vessel’s prior owner did not have a formally established mast maintenance or inspection program in place from 1993 until the vessel was sold in 2022, the report stated.
“This absence of a structured program meant there was no systematic approach to monitor the condition of the masts. The lack of a formalized routine contributed to unidentified degradation of the mast over time,” the investigation found.
Under the new owner from 2022 to 2023, the operator delegated responsibility for mast and rigging inspections to the mate.
“Although the mate had prior experience, they lacked formal training in mast and wood inspection. This delegation without proper training led to several issues. While the mate conducted inspections monthly, the absence of formal training and adequate guidance likely compromised the thoroughness and accuracy of these assessments. Inspections were conducted visually without the use of sounding hammers or probing tools. This limitation meant that underlying structural issues, such as internal rot or decay, could go undetected, increasing the risk of mast failure,” according to investigators.
The vessel’s mast maintenance and inspection documentation practices were also notably inadequate, according to the Coast Guard.
There was a lack of oversight and formal reporting mechanisms related to the operator’s internal mast inspection processes. Inspections were not adequately documented, and there were no formal expectations set for reporting inspection findings. This lack of oversight most likely contributed to delayed or inadequate responses to emerging issues, allowing hazards to persist and escalate unchecked, the report states.
As with the prior owner, the current owner relied on inspections by the Coast Guard, conducted annually and at 10-year intervals.
The owner also used a marine surveyor, whose inspections focused on areas that were readily accessible without going aloft. Although the surveyor could not directly assess inaccessible parts of the mast, that inspection process allowed for the identification of visible issues with the vessel’s foremast.
The Coast Guard’s Marine Safety Division in Belfast relied on owners, operators and third-party surveyors to identify and report rotted conditions in masts. The masts were last taken down and inspected by the Coast Guard in 2014. The schooner was owned by Ray and Ann Williamson of Camden from 1985 to 2022, according to Grace Bailey’s website.
During interviews with passengers and crew following the October 2023 accident, two passengers reported hearing unusual noises from the mast before its failure. One passenger heard noises about an hour before, and another heard noises about a minute before.
“While both passengers found the noises odd, they did not find them significant enough to report to the crew. Although it was not the passengers’ responsibility to recognize audible warnings as signs of stress or cracking, the lack of reporting was a missed opportunity to detect and address the hazard. A third audible warning, heard by multiple passengers and crew members, immediately preceded the mast collapse. Moments before the collapse, the captain and mate observed signs of failure and warned passengers to get clear of the mainmast. Unfortunately, the warning came simultaneously with the mast’s fall, leaving no time for passengers to get clear of the collapsing rig,” the investigation concluded.
A statement was issued on behalf of the owners of the schooner following the release of the Coast Guard report, from the public relations agency Denterlein in Boston, which advises companies on crisis management.
“The Grace Bailey crew continues to hold Emily closely in our hearts and minds and reflect on that tragic day.
“We have cooperated fully with the U.S. Coast Guard during their investigation of the accident and are grateful to the agency for the extensive research conducted and the thoughtful recommendations they propose in the report for future steps to increase safety for the benefit of all wooden sailing vessels.
“After a thorough overhaul of the Grace Bailey and passing a regular safety inspection by the Coast Guard, the Grace Bailey is back sailing, allowing our passengers to enjoy the beauty of Maine’s coastline,” the statement from the Grace Bailey owners said.
This story appears through a media partnership with Midcoast Villager.