Sean Frink, attorney for DTS, transferred the lawsuit from Superior Court to the jurisdiction of the District Court for the NMI. He said the basis for removal is diversity jurisdiction.
Cruz named DTS and Antolin Pangelinan as defendants in his complaint, and demanded a jury trial.
The plaintiff sued the company and Pangelinan for negligence, and is seeking an order for an award for damages.
Frink said Cruz claims that he is a resident of CNMI but is actually a resident of Guam.
Frink said Cruz’s lawsuit also seeks more than $75,000 in damages. “Because Cruz and the defendants are citizens of different states and the amount in controversy exceeds $75,000…this court therefore has diversity jurisdiction,” Frink added, referring to the federal court.
According to the lawsuit, on June 18, 2019, Pangelinan was operating a large truck owned by DTS when two large and heavy containers fell off the truck and collided with the vehicle carrying Cruz as a passenger, causing damage to the car and bodily injury to Cruz.
As a result of the collision, Cruz’s arm was broken, his complaint stated.
He said it was determined that treatment could not be provided at the Commonwealth Healthcare Center or on Guam so arrangements were made to refer Cruz to Sharp Clinic in San Diego, California.
Cruz said he was unable to be seen by the clinic doctor until July 19, 2019 or one month after the accident.
He said he experienced extreme pain during the month, and even after the surgery was performed, he experienced pain for six months before the pain subsided.
As a result of the injuries he sustained from the incident, Cruz is no longer able to fully extend his arm, his lawsuit stated.
The lawsuit also stated that the injuries brought about “a condition, which [causes] pain and discomfort and will continue for the rest of plaintiff’s life, resulting in pain and discomfort and the loss of potential future earnings.”
Attorney William Fitzgerald, who represents the plaintiff, e-filed the lawsuit in Superior Court on Aug. 18, 2020.
