Fleming’s claims vs Saipan Mayor’s Office is dismissed

Superior Court Associate Judge Joseph N. Camacho dismissed yesterday all claims against the Office of the Mayor of Saipan in the lawsuit filed by its staff who is suing over the injuries he suffered when a bucket truck’s arm suddenly broke while he was cutting the branches of tree, making him fall several feet to the rooftop of a building.

In the same 13-page order, Camacho denied the Office of the Attorney General’s motion to dismiss Lawrence M. Fleming’s claims against the CNMI government. The judge ruled that the Commonwealth is the proper defendant in this case and a claim may not also be brought against the Mayor’s Office stemming from the same subject.

“Accordingly, the Mayor’s Office’s motion to dismiss is granted,” the judge said.

Camacho said because there is no chartered municipality of Saipan, employees of the Mayor’s Office are employees of the Commonwealth for the purposes of the Government Liability Act.

“This claim was presented to the Attorney General, and claims against the Commonwealth are the exclusive remedy for damages caused by the negligence of Commonwealth employees acting within the scope of their employment,” he said.

Fleming is suing the Office of the Mayor of Saipan, CNMI government, and the administrator of the estate of former Saipan Mayor Donald G. Flores, for negligence and worker’s compensation.

Fleming, through counsel Joseph E. Horey, asked the court to hold the defendants liable to pay him damages for pain, suffering, and emotional distress. He also demanded payment for court costs and attorney’s fees.

The government requested to substitute in for the estate of Flores. The court earlier granted the motion and dismissed all claims against the estate.

The Commonwealth, through assistant attorney general David Lochabay, filed a motion to dismiss the claims against the government for lack of jurisdiction and failure to state a claim.

The Office of the Mayor of Saipan, through counsel Samuel I. Mok, moved to dismiss the claims against the office for lack of jurisdiction.

In his opposition, Fleming, through counsel Horey, argued that the Commonwealth is the only proper defendant in this case. Horey asserts that the employees covered under the Government Liability Act include elected officials and employees of any “public entity,” and that the Mayor’s Office is a public entity pursuant to the statute.

Horey argues that the Act would apply to the Mayor’s Office employees, whether or not Saipan is a chartered municipality.

In his order, Camacho said Fleming met the presentment requirements of a statute by presenting the current claim to the AG, even though the claim was described as a claim against the “Office of the Mayor of Saipan.”

“Under the Government Liability Act, a lawsuit that alleges negligence of employees of the Office of the Mayor of Saipan is a negligence lawsuit against the Commonwealth,” said Camacho in denying the government’s motion to dismiss.

With respect to the Mayor’s Office’s motion to dismiss, Camacho said the court clearly has jurisdiction, or the authority to adjudicate claims arising from the Government Liability Act so long as they are properly presented to the AG before being filed.

The judge said the Mayor’s Office’s motion was timely made because it was made in time to be heard far before trial, and was heard at the same time as the Commonwealth’s motion to dismiss, so there was no resultant delay to the proceedings in this case.