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Lawsuit against company moved to federal court

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WESTERN Sales Trading Co. has moved the lawsuit of Isa Belle Palacios Seman from Superior Court to the District Court for the NMI because of complete diversity among the parties and the amount in controversy exceeds $75,000.

Seman sued WSTCO and its employee Danilo Illahi in  local court for causing her “intense and excruciating pain, serious physical injuries, emotional and mental anguish and distress.”

Seman   wants the court to award her economic and non-economic injuries damages.

WSTCO and Illahi are represented by attorney Thomas Clifford who filed the notice of removal in federal court on Thursday.

Seman has sued Illahi for reckless, careless and negligent driving; and WSTCO for respondent superior, master-servant relationship liability.

Seman, represented by attorney Joey San Nicolas, demanded a jury trial if a mandatory mediation is unsuccessful.

Her lawsuit was filed in Superior Court on July 10.

According to the lawsuit, on or about the afternoon of July 30, 2018, Seman was operating her brown 2004 Honda CRV at Pale Arnold Road in Puerto Rico.

The plaintiff was on the inner northbound lane and was signaling to turn left into Puetto Street.

Because the southbound lane was not clear, the plaintiff remained stationary, awaiting clearance, before making the left turn.

While waiting for clearance from the southbound lane traffic, the plaintiff was suddenly struck from behind by a white 2008 Ford Econoline Van operated by Illahi.

San Nicolas said Illahi knew that the road (Pale Arnold Road) is a major artery frequently used by motorists on both northbound and southbound lanes.

Illahi, however, failed to exercise due care and caution, and violently hit the rear section of the plaintiff’s vehicle with the WSTCO van causing serious personal injuries to Seman, her lawyer said.

Illahi, he added, had a duty to drive reasonably and prudently and avoid unreasonable risks of harm.

Moreover, Illahi had a duty to obey all traffic laws and signs and avoid putting others at risk, San Nicolas said.

Because there is an employer-employee relationship between WSTCO and Illahi, the plaintiff said the company should also be held liable for the incident.

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