By Cherrie Anne E. Villahermosa
Variety News Staff

THE Superior Court yesterday granted a motion filed by the Department of Public Health, the Commonwealth Health Center and a physician for the dismissal of a lawsuit filed by a couple over the death of their baby.
Superior Court Associate Judge David A. Wiseman at the same time allowed the plaintiffs to amend their complaint.
Wei Hua Peng and Langyue Huang filed a complaint of gross negligence against Public Health, CHC and Dr. Nasser Chahmirzadi.
The defendants, through Deputy Attorney General Gregory Baka and Assistant Attorney General David Lochabay, filed the motion to dismiss and the matter was heard on Nov. 9, 2006.
The court heard the oral and written arguments of the parties.
Wiseman said the couple’s ordinary negligence allegations against Chahmirzadi are subject to immediate dismissal pursuant to Public Law 15-22 which repeals the Public Employee Legal Defense and Indemnification Act or 7 CMC 2301-07.
According to the judge, Public Law 15-22 also mandates the dismissal of commonwealth employees from negligence lawsuits upon certification by the attorney general to the court that the commonwealth employees were acting within the scope of their employment when the acts or omissions complained of in the lawsuit occurred.
The order stated that after certification and dismissal, the CNMI government is substituted as defendant if not already named, in the employee’s place.
Wiseman said Chahmirzadi has provided certification from the AG’s Office that he was acting within the scope of his employment as a physician at CHC at the time of the incident giving rise to the claims of the plaintiffs in this civil action.
Wiseman added that the plaintiffs have not contested the validity of such certification and the court finds no patent reason to question its validity.
On the plaintiffs claim for gross negligence against Chahmirzadi, CHC and Public Health, Wiseman said the plaintiffs’ cause of action for gross negligence is not recognized in the CNMI.
He said no independent cause of action for gross negligence exists in the commonwealth. “Because no independent cause of action for gross negligence exists in the CNMI, the plaintiffs’ count of gross negligence against each of the defendants cannot sustain a claim upon which relief can be granted.”
But Wiseman allowed the plaintiffs to amend their complaint.
The couple, through attorney Matthew Smith sued the defendants and Dr. Norma S. Ada for damages and alleged two main causes of action, negligence and gross negligence.
According to the complaint, the defendants’ individual and collective negligence led to the wrongful death of the baby shortly after the infant was born.
The complaint alleged that Ada was among those who attended the baby when the baby died later.
Wiseman granted Ada’s motion to dismiss the case filed against her by the couple on the grounds that the plaintiffs failed to make the factual connection between Ada’s attendance of the baby’s delivery and any supposed professional duty of care that she allegedly owed to the baby or to the baby’s parents.
Wiseman issued an order on Dec. 29, 2006, dismissing the lawsuit against Ada because the plaintiffs failed to establish a sufficient professional relationship between Ada and plaintiffs before the alleged injuries and negligence occurred.
The couple’s baby, Tiebao Huang, was originally intended to be delivered by normal delivery but complications during labor necessitated a caesarean operation.
The baby was born on Feb. 18, 2004 and died on Feb. 28, 2004.