Vol. 35 No.15
       ©2007 Marianas Variety
Thursday, April 5, 2007 www.mvariety.com
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Man who fell whiledancing sues nightclub

By Cherrie Anne E. Villahermosa
Variety News Staff

A MAN who was seriously injured when he fell while dancing at a Garapan nightclub has sued the establishment for negligence.
Marcelino B. Aguon through his lawyer George L. Hasselback filed the complaint in Superior Court on Monday against Active Corp. which is doing business as Blue Lagoon Night Club.
Aguon is seeking general damages in an amount to be proven at trial, “special statutory and punitive damages, such further special damages as may hereafter be sustained as ascertained, cost of suit, attorney’s fees and any allowable prejudgment interest and other relief as the court deem just and proper.”
The complaint stated that on the night of Sept. 17, 2006, Aguon was dancing at the Blue Lagoon.
“Suddenly and without warning, the plaintiff tripped on an unknown metal object protruding from the carpet and fell, causing plaintiff to sustain serious injuries and damages,” his complaint stated.
It added that “prior to the occurrence of the injuries, there was no indication to the plaintiff that the floor at the nightclub was unreasonably dangerous.”
According to the complaint the defendant “failed to maintain the floor in a reasonably safe condition and negligently allowed a metal object to unreasonably protrude from the carpet when the defendant knew, or in the exercise of reasonable care should have known, that the object created an unreasonable risk of harm to customers dancing at the nightclub.”
The complaint stated that the defendant failed to warn the plaintiff of the danger presented by the presence of the object and failed to exercise due care.
“As a direct result of the negligence, the plaintiff sustained serious, painful, permanent and disabling injuries to his body including a fractured elbow and was bruised, strained and injured,” the complaint stated.
It added that Aguon underwent treatment at the hospital and will require medical care, pharmaceuticals and treatment in the future.
Aguon, according to this complaint, was disabled from attending to his normal pursuits and will be in the future prevented from participating in and enjoying the normal pleasures of life to which hw was formerly accustomed.
“As a result of the negligence of the defendant, the plaintiff was prevented from returning to his occupation and therefore lost wages and income,” the complaint stated.