Yoko Kamiyama, a resident of Utsunomiya City filed the civil case against Brent J. Hinkemeyer, Taga Air Charter Services Inc., Tinian Dynasty Hotel Inc., Hong Kong Entertainment (Overseas) Investment Ltd. and 75 others.
Kamiyama, through her counsel Bruce Berline, is asking the federal court to order the defendants to pay general, special, punitive and liquidated damages in the amount to be proven at the trial, attorney’s fees and costs of lawsuit, pre-judgment interest and other relief that is deemed lawful.
Berline said Kamiyawa bought a roundtrip ticket from a Japan travel agency to fly from Japan to Tinian prior to Aug. 11, 2006. Kamiyawa boarded Taga Air with five other passengers.
Berline said shortly after becoming airborne, the single engine of the Piper Cherokee airplane lost power and crashed into the jungle near the airport.
Kamiyawa sustained serious injuries and continues to suffer mental pain and anguish.
Kamiyawa is suing the defendants for negligence, intentional misrepresentation, negligent misrepresentation, action under CNMI consumer protection law, and action under the United States treaty.
Berline said on Aug. 11, 2006, the airplane of Taga Airlines piloted by Hinkemeyer crashed on Saipan.
The complaint stated that on that day, Hinkemeyer was not authorized to fly the airplane, and that up to the day of the crash, Taga Air’s policy was to fuel only the airplane’s main inboard wing tanks, leaving the airplane’s outboard wing tip tanks empty.
Berline said Hinkemeyer was employed by Tinian Dynasty, Taga Air Charter Services, Inc. and Hong Kong Entertainment on or before Aug. 11, 2006.
The complaint stated that on the day of the crash, the airplane was improperly loaded and in excess of its allowable operating weight prior to takeoff — a violation of the Federal Aviation Administration’s regulations.
Berline said Taga Air failed to obtain liability insurance on the airplane and provide the FAA with evidence of such liability.
Berline added that despite the deficiencies of the airplane, system and its crew, the defendants informed the FAA that it had been inspected and determined to be safe, airworthy and in compliance with federal regulations.
The federal court has given the defendants to file an answer to the complaint in 20 days.
