CALVO’s Select Care Insurance Inc. has filed a civil complaint in Superior Court against Art Man Corporation, its garbage truck driver Eduardo Fabia, and insurance carrier, DB Insurance Co. Ltd.
Calvo’s Insurance, through attorney David Banes, sued the defendants for equitable indemnification and unjust enrichment.
The complaint, which was filed on Jan. 26, 2024, asked for an undetermined amount of money judgment to be proven at trial, and other relief.
According to the complaint, on or about Feb. 1, 2021, a garbage truck that belonged to Art Man collided into a pickup truck at the intersection of Chalan Pale Arnold neat the Marina Heights Business Park in Puerto Rico, Saipan.
At that time, the garbage truck was driven by Fabia, who was Art Man’s employee and acting within the scope of his employment with Art Man.
The pickup truck was driven by Quin Manglona, and there were two passengers on its bed, Rommel Irang and Miah Raju. Irang and Raju were employees of Joaquin Manglona.
Quin Manglona, Irang, and Raju were on their way to Smiling Cove Marina to drop off some equipment there. At the time of collision, the pickup truck was making a left turn to go to the marina.
The garbage truck was traveling southbound on Chalan Pale Arnold. The traffic light for southbound traffic was red while the traffic light for making a left turn was green, the lawsuit stated.
The garbage truck was supposed to stop at the intersection; however, instead of stopping, Fabia ran the red light, in violation of 9 CMC § 5205(b)(3), the complaint stated.
As a result, the garbage truck collided into the pickup. As a direct result of the collision, the pickup truck was severely damaged that the damage amounted to a total loss, the complaint stated.
As a direct result of the collision, moreover, Irang and Raju were thrown off the pickup truck. Irang suffered bodily injuries but survived while Raju, who also suffered bodily injuries, died.
The pickup truck was insured by Calvo’s pursuant to an automobile insurance policy issued to Joaquin Manglona.
Irang and Raju were covered under a workers’ compensation insurance policy provided by Calvo’s to Joaquin Manglona.
Upon information and belief, the garbage truck was insured by DB Insurance pursuant to an automobile insurance policy provided by DB through Moylan Insurance Underwriters Inc.
Claims for property damage to the pickup truck and for workers’ compensation for Irang and Raju were made to Calvo’s. Calvo’s paid those claims under the respective insurance policies, including $23,400 for the property damage to the pickup truck, $6,540 as workers’ compensation for Irang, and $27,219.64 as workers’ compensation for Raju, for a total of $57,159.64.
According to the lawsuit, Fabia was at fault for the accident, and was liable for the damage to the pickup truck and for the bodily injuries to Irang and Raju.
As Fabia’s employer, Art Man was vicariously liable, the lawsuit added. Since the garbage truck was insured by DB, DB was liable to pay Fabia’s liabilities for the damage to the pickup truck and for the bodily injuries to Irang and Raju, the lawsuit stated.
Because of Calvo’s payment, Fabia, Art Man and DB’s liability toward Joaquin Manglona, Irang and Raju to the extent of the payment was discharged.
Neither Calvo’s nor any of its insured were at fault for the accident, the lawsuit stated. “It is inequitable for them to shoulder the loss caused by Fabia acting within the scope of his employment with Art Man and covered by DB.”
Therefore, the lawsuit reiterated, Calvo’s is entitled to equitable indemnification from DB, Fabia, and Art Man.
Calvo’s conferred a benefit to Fabia, Art Man, and DB by paying for the proper damage to the pickup truck and for the workers’ compensation for Irang and Raju, the lawsuit stated.
As a result, Fabia, Art Man, and DB were enriched while Calvo’s suffered a detriment as it paid out $57,159.64. 38, the lawsuit added.
“It is unequitable and unjust to allow Fabia, Art Man, and DB to retain the benefits conferred by Calvo’s without compensating Calvo’s,” the lawsuit stated.
In May 2022, a local jury found Fabia not guilty of the charges filed against him in connection with a fatal vehicle crash at the Puerto Rico intersection on Feb. 1, 2021.
Fabia was charged with homicide by vehicle, traffic signal violations, and reckless driving.
During the trial, witnesses testified that the traffic light was green when Fabia’s truck passed through the intersection on the day of the accident.
The defense also presented video and photo evidence showing that the light was green right after Fabia’s truck passed through the intersection and collided with the pick-up.
