Manglona granted the motion to dismiss the negligent infliction of emotional distress and negligence claims filed by Mariel Falalimpa on behalf of her spouse Joselito Baysauli Falalimpa, 44, against Duane Quitugua Richards, Marvin Tydingco, and Melva Ann Ada last March.
Manglona also dismissed with prejudice the two claims filed by the widow.
According to the complaint, Richards was the driver of the vehicle while Tydingco and Ada were its owners.
Manglona said Mrs. Falalimpa was not in the immediate vicinity or present to witness the accident, and there was no allegation that Richard’s negligence threatened her with bodily harm in any other way other than her emotional distress at the peril of her husband.
Accordingly, the judge added, the victim’s widow’s failed to establish a claim for negligent infliction of emotional distress.
Manglona cited a previous CNMI trial court ruling which stated that negligent infliction of emotional distress will occur only where the bodily harm to the other results from his shock or fright at harm or peril to a member of his immediate family occurring in his presence.
“[T]he witness or other must not only be in the zone of danger…but must see the event that injures the family member,” Manglona said.
“In this case, although Mrs. Falalimpa saw the [victim] at the site of the accident, she did not see the vehicle strike the [victim], nor was she present in the zone of danger,” the judge added.
Mrs. Falalimpa’s counsel was F. Matthew Smith while Sean Frink represented the defendants.
A statement from the Department of Public Safety indicated that Richards, 25, was cited for driving in excess of 45 miles per hour.
The vehicle, a 2002 Toyota Rav-4, was towed and impounded by the police.
The vehicle was being driven by Richards on the southbound lane of Monsignor Martinez Road when Mr. Falalimpa appeared and ran in front of it in an attempt to cross the road from west to east, police said.
The driver swerved left and onto the northbound lane to avoid the pedestrian. But the vehicle still struck Mr. Falalimpa.
Police said when DPS emergency personnel arrived on the scene, Mr. Falalimpa had no pulse and was no longer breathing.
