By Cherrie Anne E. Villahermosa
Variety News Staff

A MAN and his wife have filed a $1 million lawsuit against his former employer and an Oklahoma manufacturer and designer of a cart for the injuries and damage that he sustained when the cart fell on top of him while delivering food to Garapan Elementary School in 2005.
Roberto M. Faustino and Estrellita T. Faustino, through attorneys Robert O’Connor and David Banes, filed the complaint in federal court yesterday against Carlisle Food Service Products Co. and Auntie Mag’s Food & Catering Services Inc.
The couple sued the defendants for product liability, negligence, negligent infliction of emotional distress, breach of implied warranty, violation of the consumer protection act, loss of consortium and spoliation of evidence against defendants.
The couple is seeking judgment in the amount of $1 million for past and future medical expenses, paralysis, past and future impairment of the ability to enjoy life and earning capacity, inability to continue with recreational interests, mental anguish, physical suffering and statutory damages and, where applicable, pre-judgment interest.
The plaintiffs are also asking for punitive and exemplary damages against Auntie Mag’s Food Catering Service Inc., in an amount to be proven at trial; cost of suit and attorney’s fees; and for such other and further relief as the court deems proper.
Carlisle Food Service Products Co. is the manufacturer, designer and seller of the cart. The company is based in Oklahoma City and engaged in the business of marketing and distributing the cart to the plaintiff’s former employer, Auntie Mag’s Food & Catering Services Inc.
Roberto Faustino was working for Auntie Mag’s and was delivering food to Garapan Elementary School on Feb. 3, 2005.
Faustino was using the cart manufactured by Carlisle Food Service Products Co.
The complaint stated that while pulling the cart into the cafeteria doorway, the cart became unstable and caused Faustino to lose his balance and fall down. The cart fell on top of him.
Faustino was rushed to the Commonwealth Health Center for treatment after he complained of back pain. He was unable to move his legs.
Faustino was referred to the Philippines for emergency medical treatment after a CHC surgeon concluded that he was suffering from a burst fracture with 1.2 level of dysfunction and paraplegia.
The medical examination in the Philippines revealed that Faustino had total paralysis of his ankle and foot muscles and knee flexors as well as lower extremity deep tendon reflexes. He was also suffering from urinary bladder incontinence.
He underwent surgery, which helped him, but doctors determined that he is permanently disabled and, because of his injuries, he is unemployed.
Faustino is able to get around only in a wheelchair.
The complaint stated that Auntie Mag’s coperated somewhat with the plaintiff’s investigation and was put on notice of potential litigation involving the cart.
But later, when the plaintiff’s counsel contacted Auntie Mag’s about inspecting the cart, Auntie Mag’s said they had disposed of the cart and had no idea what happened to it.
The complaint stated that as a direct and proximate result of the dangerous and unfit condition of the Carlisle cart, Roberto Faustino suffered physical pain, paralysis, mental trauma, loss of sleep, loss of enjoyment of life, has become disabled, unemployed and unemployable, lost wages, incurred expenses and has been damaged in an amount to be proven at trial.
The complaint stated that as a direct and proximate result of Roberto Faustino’s injuries, Estrellita Faustino has been deprived of the care, companionship, aid, society and services of her husband.
The complaint stated that Auntie Mag’s breached the duty to preserve the cart by disposing of it. Auntie Mag’s acted intentionally and with reckless disregard of harm to plaintiffs.
According to the complaint, “such spoliation of evidence has disrupted and harmed the plaintiffs case against Carlisle as plaintiff can no longer have the cart tested or used as evidence against Carlisle. Auntie Mag’s actions have caused damage to plaintiffs in an amount to be proven at trial.”