RNV Construction ‘relieved’ federal court dismissed case

RNV Construction general manager Ruel Villacrusis said he is relieved that the case filed against the company by one of its former employees was dismissed without hearing by the federal court.

“Truth always prevails. We have been doing business here for almost 11 years and this is the first time that a case has been filed against us, and it was dismissed by the federal court without a hearing. We are relieved,” Villacrusis told Saipan Tribune.

U.S. District Court for the NMI Chief Judge Alex R. Munson granted a motion for summary judgment in favor of RJCL Corp., doing business as RNV Construction, and its general manager Ruel R. Villacrusis.

Munson also awarded costs to the defendants, who were sued by Honorio G. Cambronero over alleged non-renewal of his contract after his several disabilities came to light in a series of medical examinations.

The judge said the defendants filed their motion with supporting affidavits and documents, and the plaintiff conceded that defendants’ summary judgment motion was well-taken but asked for dismissal without prejudice of his Commonwealth law claims.

“The court has reviewed defendants’ unopposed motion for summary judgment and finds that entry of summary judgment against plaintiff is appropriate as a matter of law. Plaintiff concedes summary judgment on the first two claims for relief, which are based on federal law,” said Munson.

The chief judge said the plaintiff was not terminated, but his contract was simply not renewed.

“Plaintiff had a written contract, and no public policy issues arose from the simple fact that his contract was not renewed,” the judge said.

Munson added that defendants are entitled to summary judgment as a matter of law on the claims for medical expenses because their liability to plaintiff for his medical costs ended 96 days after his contract was not renewed, and they had paid all medical expenses up to that date.

“Finally, plaintiff’s claim for intentional infliction of emotional distress fails because there he did not show ‘outrageous conduct’ by defendants,” Munson said in his March 6 ruling.

The trial and hearing set for March 12 were taken off the calendar.

Cambronero, through counsel, sued the defendants for violation of Title I under the Americans with Disabilities Act in U.S. District Court. The plaintiff was an electrician for the construction company.

Sometime in August 2006, Cambronero began to feel chest pains and numbness in his left arm and sought treatment at Pacific Medical Center. He received initial treatment and was given medication, but a doctor recommended Cambronero to seek further treatment in the Philippines, according to the complaint.

Cambronero reportedly informed Villacrusis of his need to travel to the Philippines. Villacrusis agreed to allow Cambronero to go to the Philippines for medical treatment and assured him that the company will shoulder all of his medical expenses.

Cambronero left for the Philippines on Oct. 4, 2006, with a roundtrip airline ticket he had won in a company Christmas raffle, and $500 as initial medical allowance given him by Villacrusis.

Without Villacrusis’ consent, the plaintiff was not able to receive the treatment and returned to Saipan on Feb. 3, 2007.

According to the complaint, on or about March 22, 2007, Villacrusis informed Cambronero his employment contract would not be renewed upon its expiration on April 24, 2007, because of his heart condition.

Cambronero sought legal counsel who began communication with Villacrusis. After plaintiff’s lawyers filed two letters, Villacrusis agreed to negotiations in April 2007. On or about Feb. 8, 2008, Cambronero’s counsel received a letter from defendant’s counsel rejecting the settlement categorically. The case reached the federal court, which granted the defendants motion for summary judgment.