Shipping company sued over shipment delay to Rota

A company on Rota and a businessman are suing Saipan Shipping Company Inc. in federal court for allegedly causing some of their goods to expire or had been damaged due to delay of their shipments to Rota in 2014 and 2015.

Kin & Rit Inc. and Francisco M. Atalig, who owns Sinapalo Safeway, are suing Saipan Shipping for 15 counts of breach of contract, 15 counts of negligence, one count of Consumer Protection Act and one count of breach of the covenant of good faith and fair dealing.

Kin & Rit and Atalig, through counsel Matthew T. Gregory, asked the U.S. District Court for the NMI to hold Saipan Shipping liable to pay them damages, attorney’s fees, and court costs. They demanded a jury trial.

Saipan Tribune tried but failed to get comment yesterday from Saipan Shipping.

According to Gregory in the complaint filed in court on Tuesday, Atalig transferred goods to defendant for shipping to Rota on Jan. 9, 2014; Nov. 26, 2014; and March 23, 2015.

Gregory said the goods arrived on Rota 90 days after transfer from Atalig and that upon inspection of goods it was determined that some were expired due to the extended shipping period or had been damaged during transport.

Gregory said Atalig also transferred goods to Saipan Shipping on March 24, 2015, but it arrived on Rota 180 days after receipt from Atalig and that upon inspection, it was found out that some were expired due to the extended shipping period or had been damaged during transport.

Gregory said K&R transferred goods to defendant for delivery to Rota on April 22, 2015, but the goods never arrived.

He said K&R and Atalig transferred goods for delivery to Rota on June 4, 2015, but they arrived on the island 90 days after transfer and that some of the goods were expired due to the shipping delay or had been damaged during transport.

Gregory said Atalig transferred goods for delivery to Rota on June 4, 2015, but the goods arrived on the island 90 days after transfer and that some of the goods were expired due to the extended shipping period or had been damaged.

The lawyer said the unreasonable delay in shipping the containers was not due to bad weather, but rather it was to ensure a full barge to maximize Saipan Shipping’s profits to the detriment of plaintiffs.

Gregory said defendant’s breach of duty directly caused harm to plaintiffs in the loss of use of capital, sales, market share, and additional costs.