Associate Justice Alexandra F. Foster said Diaz should pay Ngiralmau by Jan. 1, 2010.
Ngiralmau sued Diaz and then-Sen. Alan Seid in 2008 for assault, intentional battery, and intentional infliction of emotional distress.Ngiralmau also filed a complaint of defamation and intentional infliction of emotional distress as a result of defamation against Diaz.The court found Diaz liable for one count of defamation but dismissed the complaint of intentional infliction of emotional distress as a result of defamation.The court also found Diaz and Seid liable for four counts of assault and battery.But the complaint of intentional infliction of emotional distress as a result of assault and battery was dismissed.Foster said Ngiralmau is not entitled to compensatory and punitive damages for assault and battery. According to the court, Seid and Diaz committed assault and battery upon Ngiralmau on Sept. 29, 2006.Diaz also defamed Ngiralmau on his morning radio show on Oct. 16, 2006, the court stated.Ngiralmau’s wife Mehakalani Meltel joined the civil action and also filed a complaint against Diaz and Seid on Feb. 22, 2008.Meltel later filed a motion to sever and continue her trial to a new date.She claimed she would be on Guam and would not be able to return to Palau for the trial.The court denied her motion and dismissed the portion of the complaint concerning her without prejudice, which means she can re-file it again. Ngiralmau’s complaint proceeded for trial on Feb. 18, 19 and 20.Ngiralmau worked at the Palau Public Utilities Corp. plant in Aimeliik.On Sept. 29, 2006, Ngiralmau was at the Drop-Off Bar in Malakal when assaulted by Seid and Diaz.Ngiralmau was drinking when he heard the two senators talked about a bill.The two senators were talking loudly and were discussing legislative matters which irked Ngiralmau.Ngiralmau, before he left the bar, spoke in a loud voice and berated the lawmakers for talking about legislative matters in public.Seid chased Ngiralmau and assaulted him in the parking lot.Seid and Diaz were charged in court for assault and battery and they pleaded guilty plea.Seid and Diaz received probation sentences.
