Mariel Falalimpa filed the complaint in Superior Court on behalf of her spouse Joselito Baysauli Falalimpa, 44.
The impact of the creash threw Mr. Falalimpa “more than 200 feet along the road, causing severe injuries to, and death” of the victim, according to the complaint.
The widow is being represented by attorney F. Matthew Smith.
The victim’s remains were buried at the Tanapag cemetery on Nov. 3, 2009.
Mrs. Falalimpa sued Duane Quitugua Richards, Marvin Tydingco, and Melva Ann Ada for the wrongful death of her husband.
According to the complaint, Richards was the driver of the vehicle while Tydingco and Ada were the vehicle’s owners.
“At all relevant times, [the defendants], and each of them, had a legal duty to maintain and operate their car in a manner which insured it was reasonably safe and free from impairments and hazardous conditions and that its instrument panel and speedometer was visible,” Smith stated in the complaint.
The wife said the death of her husband left her to take care of their two daughters: five and four years old.
Mrs. Falalimpa is suing the defendants for negligence and emotional distress.
Smith is asking the court for “actual, compensatory, consequential, special and non-economic damages to be proven at trial.”
He is also seeking an award of damages against each of the defendants for the benefit of Mrs. Falalimpa and her two children.
These include the expenses for the victim’s funeral and burial as well as other costs related to the case.
A statement from the Department of Public Safety indicated that the driver, a 25 year-old man, 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 driver was driving on the southbound lane of Monsignor Martinez Road when Mr. Falalimpa appeared and ran in front of the vehicle 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, according to the police.
Police said when DPS emergency personnel arrived on the scene, Mr. Falalimpa had no pulse and was no longer breathing.
//
