By Cherrie Anne E. Villahermosa
Variety News Staff

THE federal court on Friday dismissed a complaint against a restaurant sued for negligence by the uncle of a student who died after the vehicle driven by an intoxicated companion rammed into a tree in 2004.
The complaint was filed against Dong Guk Corp., which owned Seafood House/Han Kuk Ban Jeon restaurant, by Jung Soon Lee through her personal representative, her uncle Sung Young Lee.
The motion to dismiss was heard on Thursday by U.S. District Court for NMI Chief Judge Alex R. Munson.
Dong Guk was represented by G. Anthony Long while the plaintiff’s lawyer was Victorino DLG. Torres.
Munson said “dismissal is required for failure of the proper plaintiffs to be before the court and failure to plead a cognizable legal authority under commonwealth law which the court must follow.”
The personal representative, he added, must be representing the next of kin — the decedent’s parents.
“It is clear from the extensive language in the first amended complaint and the discovery that this action was brought on behalf of decedent’s estate and not her next of kin,” Munson said in his order.
“Additionally because nothing was disclosed…to indicate who was injured by decedent’s death, what specific, itemized damages they incurred as a result of the death, whether or not her next of kin were receiving support from her or would have done so in the future, and whether or not they suffered or will suffer mental anguish because of the death of decedent, the damages are entirely speculative and the court has no remaining course of action other than to dismiss with prejudice,” Munson said.
Dong Guk and its insurance company, Dongbu, were sued by the decedent’s uncle for serving alcoholic beverages after 2 a.m., opening a business establishment after 2 a.m., serving alcoholic beverages to and apparently intoxicated customer, and for negligence.
On Aug. 2, 2004, at 3 a.m., Gyu Jin Kim left the restaurant extremely intoxicated and drove the vehicle which rammed into a tree, causing injuries that resulted in the death of one of her passengers, Lee Jung Soon.