US settles negligence claim over memorial park injury

By Bryan Manabat
bryan@mvariety.com
Variety News Staff

  

A SETTLEMENT has been reached in the federal negligence lawsuit filed by Korean businessman Yoon Suk Chang against the United States over injuries he sustained at American Memorial Park.

At a settlement conference before District Court for the NMI Magistrate Judge Heather Kennedy on Dec. 10, attorneys outlined the agreement and confirmed that all parties had accepted the material terms. Chang, sworn in court, stated that he understood and agreed to the settlement. The parties will file a dismissal with prejudice within seven days after the government fulfills its obligations, with Assistant U.S. Attorney Mikel Schwab, who represented the U.S. government, noting that it will need six to eight weeks to secure approvals. Chang was represented by attorney Bruce Berline.

Judge Kennedy vacated all court proceedings and scheduled a status conference for Feb. 4, 2026, at 3:30 p.m.

Background

Chang filed suit in December 2021 under the Federal Tort Claims Act, alleging he was injured while playing with his children at the park when his foot caught in a hole near the amphitheater, resulting in an ankle injury that required surgery and months of recovery. He sought $1 million in damages for medical costs and financial loss.

American Memorial Park is operated by the U.S. Department of the Interior. The U.S. government initially moved to dismiss the case under the FTCA’s discretionary function exception, but in June 2025 the Ninth Circuit Court of Appeals reversed the dismissal, ruling that routine lawn maintenance does not involve public policy considerations.

Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.

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