BOSTON (AP) – The only man who survived when a scallop boat sank off Nantucket earlier this month, killing five other crewmen, sued the boat’s owners in federal court on Tuesday, claiming he was injured because the vessel was not seaworthy.

Pedro Furtado, 22, “has suffered pain of body and anguish of mind, lost time from his usual work and pursuits (and) incurred medical expenses” caused by the “unseaworthiness” of the Northern Edge, owned by K&R Fishing Enterprises Inc.

The defendant, K&R Fishing Enterprises of New Bedford, “has negligently, willfully, arbitrarily, and/or reasonably failed to provide the plaintiff with maintenance and cure in a timely and adequate manner,” according to the suit, filed in U.S. District Court in Boston.

The owners of the boat on Monday moved to limit any lawsuits against them under a provision of maritime law.

The petition filed by K&R Fishing Enterprises asked a federal judge for “exoneration from/or limitation of liability” in the Dec. 20 sinking.

The boat’s owners asked the court to find the Northern Edge was “tight, strong, fully manned, equipped and supplied, and in all respects seaworthy and fit for the service in which she was engaged.”

Maritime law allows vessel owners to invoke limited liability equal only to the value of the boat involved and not their insurance policy.

According to Furtado, the boat was making a final dredge in high seas off Nantucket when it listed heavily to one side and began taking on water.

The Coast Guard combed nearly 2,000 square miles of ocean for the remaining crew members before calling off the search two days later.