Parties in 2006 air crash lawsuit settle

Both parties have reached a settlement agreement.

Hong Kong Entertainment Overseas Investments Inc., doing business as Tinian Dynasty Hotel & Casino, was named as the signatory on behalf and all of the defendants in the lawsuit.

Tomoyuki Nagata, Dr. Jun Takimoto, Mayumi Takamoto, and Sali Takamoto, a minor, sued Brent Hinkemeyer, Taga Air Charter Services Inc., Tinian Dynasty Hotel Inc., Hong Kong Entertainment (Overseas) Investment Ltd., and 75 Does.

The lawsuit filed in Aug. 2008  stemmed from an air crash in Aug. 2006.

Records showed that on Aug. 11, 2006 the airplane boarded by Tomoyuki and Dr. Takimoto crashed into the jungle on Saipan while en route to Tinian.

Tomoyuki and Takimoto both suffered terrible injuries in the crash and incurred substantial medical bills, the complaint stated.

It added that on the day of the incident, Hinkemeyer, the pilot, was not authorized to fly the plane under Federal Aviation Administration’s rules.

Subsequent investigation determined that the airplane’s fuel selector valve was improperly positioned so as to draw fuel from the left outboard wing tip tank, causing the aircraft to lose power shortly after takeoff as a result of fuel starvation, the complaint added.

In the settlement, Tinian Dynasty promised in writing to pay 95,250,000 yen, or $1 million, to Dr. Takimoto, and 100,000,000 yen, or $1.09 million, to Tomoyuki.

Attorney Richard W. Pierce represented the plaintiffs while Anthony G. Long was the defendants’ counsel.

Pursuant to the settlement, Tinian Dynasty was to make seven installment payments to each to Tomoyuki and Takimoto with a balloon payment of  88,350,000 yen, or $971,000, to Takimoto and 73,100,000 yen, or $803,000,  to Tomoyuki.

Another 20,000,000 yen to Tomoyuki paid in monthly installments of 200,000 yen, or $2,198, beginning June 5, 2008 with final payment on Oct. 5, 2016.

Tinian pleaded financial inability to make payments after it failed to make the seventh balloon payment and did not begin paying 200,000 yen a month to Tomoyuki.

 

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