$2-M sought for Filipino worker in wrongful death suit

The family of a Filipino contract worker who died in a boating accident in Managaha nearly two years ago has sought damages of at least $2 million in a civil complaint filed with the U.S. District Court.

The suit blamed Kan Pacific Ltd. for the wrongful death of Ferdinand A. Awitan, who was employed by HBR International when the accident occurred on Dec. 11, 1998.

His brother Raul A. Awitan is representing the estate, whose beneficiaries include Ferdinand’s parents, his wife and their two children, according to the complaint filed on behalf of the family by lawyer Eric Smith.

A Kan Pacific representative declined to comment when asked about the suit, saying the company has yet to receive an official notice. The court has given the defendant 20 days to respond to the charges.

Based on the complaint, the Awitan family is demanding $1 million for general and special damages in violation of federal maritime laws and another $1 million in violation of CNMI or common laws.

It is also seeking damages for mental anguish, physical suffering and death in an amount to be determined at trial as well as costs for Ferdinand’s funeral expenses, attorney’s fees and litigation costs and punitive damages.

The complaint stemmed from the incident in which Ferdinand was struck by a boat while swimming near the Managaha pier that eventually led to his death by drowning.

The victim was attending the Christmas party hosted by HBR on the vessel “Blue Water” which was owned and operated by Kan Pacific, it said.

He went swimming when the boat docked at the pier, and the suit alleged he was not informed by Kan Pacific about the danger and risks of doing so around that area.

Another boat, “Napu” which was owned and operated by Tasi Tours, hit Ferdinand while he swam back to “Blue Water” with its propeller, causing “severe and permanent” injuries and damages, added the complaint.

“[His] leg, arm and abdomen were lacerated by the propeller, several blood vessels, arteries, veins, nerves, tendons and other bodily parts were severed or lacerated, causing [him] to drown from his injuries,” it stated.

“As a direct, proximate and legal consequence of the carelessness and negligence of Kan Pacific, Ferdinand… suffered serious physical injury which resulted in his death by drowning.”

The complaint claimed “Napu,” driven by Tasi Tour’s employee Emilio Santos, was transporting equipment, supplies and staff for Kan Pacific which had a contract with the former to operate food and beverage concessionaire in the popular tourist destination.

Immediately after the incident, Raul Awitan was granted in 1998 by the Superior Court the right to represent his brother’s estate for the purpose of bringing a wrongful death action.