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IN CIVIL CASE VS ARTMAN DRIVER
Settlement reached, dismissal underway
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Posted on Jul 21 2022
A settlement agreement among the parties in the civil case against Artman Environmental Corp. driver Eduardo Fabia has been approved by the court and a motion to dismiss the case entirely has been filed.
Following a motion hearing last Tuesday, Superior Court Associate Judge Teresa Kim-Tenorio accepted the settlement agreement filed by Fabia and the family of Raju Miah, the man who died following a fatal collision between the truck he was on and the Artman garbage truck in February 2021.
The settlement agreement remains confidential and was not available to the public as of press time.
Following the order granting the settlement agreement, the parties filed a stipulation and proposed order to dismiss the case in its entirety.
As of yesterday, the court had yet to sign off on the stipulation and proposed order.
The family of Miah, who is being represented by a close friend, Khorshed Alam, filed the civil case against Fabia back in March 2021 soon after the CNMI government filed a criminal case against the Artman garbage truck driver.
Alam said in his complaint that the dead man’s family incurred costs and expenses, such as medical expenses, hospital bills, funeral, and other cost related to Miah’s death.
Additionally, Alam said, the Miah family has suffered economic and non-economic damages, severe pain and suffering, emotional and mental distress, and decreased wellbeing.
Alam argued that Fabia had a duty to drive reasonably to avoid unreasonable risk of harm to himself and others, and to obey all traffic laws and signs to avoid putting others at risk.
Alam accused Fabia of driving Artman’s truck in a “reckless, negligent, and dangerous manner on a public road” and failed to stop at a red light at a traffic intersection, causing Miah to be killed.
However, back in May, Fabia was found innocent, by jury, on the charges of homicide by vehicle and failure to obey a traffic signal.
