SUPERIOR Court Associate Judge Teresa Kim-Tenorio has dismissed with prejudice the civil lawsuit against Eduardo Fabia and Art Man Environment Corporation after the parties stipulated that they had reached a settlement. With prejudice means that the lawsuit cannot be refiled.
The parties also told the Superior Court that the Department of Public Safety had refused to provide investigation information regarding the fatal collision that occurred on Feb. 1, 2021.
Judge Kim-Tenorio dismissed the lawsuit on July 19, 2022, at a motion hearing. The settlement agreement was filed under seal.
Fabia and his employer, Art Man, were named as defendants in the separately filed civil lawsuits of Khorshed Alam, the personal representative of the late Raju Miah, and Rommel Irang.
Through attorney Viola Alepuyo, Alam filed a complaint alleging wrongful death against Fabia and vicarious viability against Art Man.
On March 15, 2021, Rommel Irang filed a separate complaint alleging negligence against Fabia, and vicarious liability against Art Man. Irang was represented by attorney Matthew Holley.
On March 25, 2021, the court granted the stipulation to amend the case title to reflect both plaintiffs.
Fabia, 50, was identified as the driver of the garbage compactor truck that collided with a Honda Ridgeline pick-up truck at the Puerto Rico intersection on Feb. 1, 2021.
According to DPS, the two passengers in the pickup truck were riding in the bed of the Honda Ridgeline and were thrown out of the vehicle during the collision. Both were rushed to the hospital where one of them was pronounced dead on arrival. The other passenger was treated and admitted for serious injuries.
The vehicle operator was treated and released while the two occupants of the garbage truck — Fabia and his passenger, Christopher Lucero — were not injured.
The pickup truck passenger who died was Raju Miah while the other passenger, Rommel Irang, sustained serious injuries. The pickup’s driver/operator, Quin C. Manglona, was treated at the hospital and discharged.
Fabia was also charged by the government with homicide by vehicle, traffic signal violations, speeding, and reckless driving. Fabia was represented by Assistant Public Defender Vena Seelam.
On May 27, 2022, jurors found Fabia not guilty of all the charges against him.
