Another plane crash survivor seeks $261K judgment from Tinian Dynasty

Another survivor in the 2006 plane crash in Upper Dandan and his wife have filed a court action in federal court after Tinian Dynasty Hotel & Casino and its co-defendants are allegedly delinquent on payment of their $450,000 settlement deal.

Patrick James Timmerman and his wife, Maria Purley Agcaoili Timmerman, filed a motion on Friday, asking the U.S. District Court for the NMI to issue a judgment in the amount of $261,000 against defendants Tinian Dynasty, Hong Kong Entertainment (Overseas) Investment Ltd., and Taga Air Charter Services Inc. pursuant to a previous court’s order and the settlement agreement.

Patrick Timmerman is a licensed pilot who was then employed with Tinian Dynasty when the crash happened. He was seated next to the pilot, Brent J. Hinkemeyer.

Patrick Timmerman suffered severe and permanent injuries when a Piper Cherokee aircraft crashed on a farm in Upper Dandan en route to Tinian on Aug. 11, 2006.

Patrick Timmerman, through counsel William M. Fitzgerald, sued all defendants except Hinkemeyer. His wife, Maria, and their minor son joined in the lawsuit.

Fitzgerald in his declaration in support of plaintiffs’ motion to enter judgment, disclosed that his clients and the defendants entered a settlement agreement in December 2010.

Fitzgerald said pursuant to the terms of the settlement agreement, defendants were required to make certain monthly payments to his clients.

Fitzgerald said if defendants became delinquent for more than 10 days from the due date of the payment, upon written notice to defendants, his clients shall be entitled to a judgment in an amount equal to the difference between $450,000 and the amount previously paid by defendants.

The Timmermans provided written notice to defendants last Jan. 19 that they were delinquent.

Up to this point, Fitzgerald said, defendants have paid $189,000 to plaintiffs and under the terms of the agreement, plaintiffs are entitled to a judgment in the amount of $261,000, the difference between $450,000 and $189,000.

Last April 20, U.S. District Court for the NMI Chief Judge Ramona V. Manglona ordered HKE, owner of Tinian Dynasty Hotel & Casino, to pay $1.4 million to two other plane crash survivors to satisfy their settlement agreements.

Manglona said HKE shall pay $606,723.10 to Tomoyuki Nagata and $769,229.61 to Dr. Jun Takimoto and his family collectively, or for a total of $1,375,952.71.

Manglona issued the order after Nagata and Takimoto asked the court to enforce terms of the settlement agreement after HKE was delinquent in its payment pursuant to their settlement agreement.

The judge said pending further court’s order, HKE shall refrain from the sale or transfer of any of its personal property, except in the normal course of business.

Timmerman, Takimoto, Nagata, and Yoko Kamiyama were among the seven passengers of a Piper Cherokee aircraft that crashed on a farm in Upper Dandan en route to Tinian on Aug. 11, 2006.

HKE settled the lawsuits filed by the survivors. The court subsequently dismissed the lawsuits in February 2010.