By Cherrie Anne E. Villahermosa
Variety News Staff

FOLLOWING a settlement agreement between the parties, the federal court has dismissed the lawsuit filed against a taxi driver who was sued for the death of a minor and the injury of another minor when the vehicle he was driving struck the boys in 2005.
U.S. District Court for NMI Chief Judge Alex R. Munson dismissed the civil action against Ruhul Amin with prejudice, which means that it cannot be re-filed again.
The lawsuit was filed by the parents of the two young boys who were struck by the vehicle driven by Amin, who was represented by attorney Thomas E. Clifford.
Munson said each party will bear its own fees and costs, and that the federal court retains jurisdiction in this case to enforce the terms and conditions of the settlement agreement reached between the parties.
Munson’s dismissal of the case came upon the stipulation of the plaintiff’s counsel, David G. Banes.
Banes stated that the parties had resolved the matter and agreed to the dismissal of the case with prejudice.
Ruhul Amin was sued in December by the parents of the two minor victims, Ruben G. Avendaño and wife Fedelisa C. Avendaño, the parents of Aedrian Mikhael Avendaño; and Victorial T. Garcia, the mother of John Julian T. Garcia.
Amin was sued for negligence and wrongful death and had asked for a jury trial and damages.
The parents, in their complaint, stated that their sons, both 14, were hit by a blue 1996 Toyota Corolla taxi driven by Amin on April 29, 2005.
Aedrian Mikhael Avendaño died from injuries to his head while John Julian T. Garcia also sustained injuries and a fractured pelvis.
Prior to the incident, the boys were walking by the San Roque Shell gas station together with some friends on April 29, 2005 at 7:58 p.m.
They crossed the highway heading west and stood on the yellow concrete island in the middle of the highway.
The two had just stepped off the island and were crossing the southbound lane when they were struck by the taxi.
The boys were both brought to the Commonwealth Health Center for treatment.
Aedrian Mikhael Avendaño died later due to head injuries.