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Mason sues motorist over death of his father
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Posted on May 17 2006
A construction worker has sued the driver of the car that pinned his father to death during an accident at a drainage construction site in Chalan Kanoa on April 25, 2006.
Samuel A. Garcia sued Hae Hung Jung for negligence. He asked the Superior Court to order the defendant to pay general damages, attorney’s fees, and court costs.
Samuel Garcia, through counsel Rexford Kosack, said the accident was caused by the negligent driving of Jung, who failed to pay sufficient attention to the roadway hazard signs and failed to drive her car within the designated traffic lane.
“As a proximate result of negligent driving, Marcellano Prado Garcia suffered multiple injuries which caused his death while pinned beneath her [Jung] car,” Kosack said.
Marcellano, 63, was survived by his wife and six children.
Kosack said that on April 25, 2006, Marcellano was crushed to death after the 3,278 lb. Toyota Camry being driven by Jung ran off the road and into the construction site where he was working.
The lawyer said Marcellano, a mason, was standing at the bottom of the culvert in the open section of a three-foot deep drainage in front of Bank of Saipan.
Bonifacio Dimaunahan, a mason, was straddling the culvert. Samuel Garcia and his uncle Alejo Garcia [Marcellano’s brother] were working alongside the culvert in the open section.
Kosack said the area was marked as a construction site and there were numerous traffic signboards and warning posts.
Kosack said that at 11:50am, Jung was driving her car northbound on Beach Road.
He said Jung crashed the car through the wooden signboard at the south end of the culvert, knocked down three or more of the warning posts and drove into the open culvert where Marcillano was working.
