ANOTHER lawsuit has been filed against the employer and the driver of a garbage truck that collided with a Honda Ridgeline pickup in the Puerto Rico-Middle Road intersection on Feb. 1, 2021.
The two passengers riding in the bed of the pickup were thrown out of the vehicle during the collision.
Rommel Irang, one of the passengers, sustained serious injuries, while the other passenger, Raju Miah, was declared dead on arrival at the hospital.
Khorshed Alam, the personal representative of Miah, through attorney Viola Alepuyo, filed the lawsuit in Superior Court and demanded a jury trial.
The lawsuit named Eduardo Fabia, the driver of the garbage truck, and Art Man Environment Corp., his employer, as defendants.
They were sued for negligence, wrongful death, and vicarious liability.
The plaintiff is asking the court to issue an order awarding the plaintiff, past, present and future economic and non-economic damages.
The plaintiff is also seeking a separate award for bodily injury, pain and suffering, emotional distress, mental anguish and diminished quality of life in an amount to be proven at trial.
Moreover, the plaintiff asks the court to issue an award for necessary and reasonable medical expenses, hospital, funeral and other related costs incurred because of Miah’s wrongful death in an amount to be proven at trial; and for costs and reasonable fees.
According to the lawsuit, Fabia, “without exercising caution and due care, operated Art Man’s truck in a reckless, negligent and dangerous manner on a public road, which included, but is not limited to, failing to stop at a red light at a traffic intersection. Miah was killed as a direct and proximate result of Fabia’s reckless, negligent and dangerous operation of Art Man’s truck that struck a [pickup] vehicle driven by Quin Manglona.”
At the traffic light intersection next to Marianas Heights Building I, the lawsuit also stated, Manglona drove to the left turning lane and came to a complete stop to wait for the light to turn green before he proceeded toward the marina.
“Decedent Miah was a passenger seated inside the bed of Manglona’s vehicle,” the lawsuit stated.
“When the traffic light turned green, Manglona proceeded to turn left toward the marina.
“Fabia was driving the [Art Man] garbage truck traveling south on Chalan Pale Arnold [or Middle] Road when he ran the red light and struck Mr. Manglona’s vehicle in the intersection. Miah was killed from the injuries during the incident.”
The lawsuit was filed on Feb. 25, 2021.
Fabia and Art Man Environment Corp. were also sued in Superior Court by Rommel Irang, the other pickup passenger who sustained serious injuries.
Represented by attorney Victorino DLG Torres, Irang alleges reckless, careless and negligent driving and has asked the court for an order awarding him damages, including future loss of earnings and medical expenses.
The lawsuit likewise asked the court for an order directing the parties to participate in a mandatory mediation.
The CNMI Attorney General’s Office, for its part, charged Fabia with false report, homicide by vehicle, reckless driving and speeding.
Fabia has pleaded not guilty and was released to a third-party custodian, his wife, after posting $1,000 in cash and a $99,000 appearance bond.
