Previous Story
Judge allows widow to amend lawsuit for death of husband
|
Posted on Jul 10 2011
Superior Court associate judge Ramona V. Manglona has allowed the widow of a construction worker who was killed by a vehicle as he was crossing a road in As Lito to amend her lawsuit.
Manglona said that Mariel Falalimpa has established that new facts and persons have come to light whose presence would have a major effect on the outcome of the lawsuit.
The judge said that Falalimpa’s proposed amendments were filed within the statute of limitations.
The judge said the interests of justice require that Falalimpa be afforded ample opportunity to seek redress under the law, and this requirement necessarily outweighs any delay in litigation that may occur as a result.
Mrs. Falalimpa sued Duane Quitugua Richards, Marvin Tydingco, and Melva Ann Ada. She filed the lawsuit on behalf of herself and as personal representative of her deceased husband. She asserted claims for negligence, wrongful death, and negligent infliction of emotional distress.
Joselito Baysauli Falalima was reportedly hit by car being driven by Richards as he was crossing Monsignor Martinez Road in As Lito on his way home on Oct. 24, 2009. The couple have two young children.
In September 2010, Manglona dismissed Mrs. Falalima’s claim for negligent infliction of emotional distress and negligence.
Falalimpa, through counsel F. Matthew Smith, later filed a motion to amend her complaint in order to add an additional defendant and additional theories of liability arising out of the same facts as alleged in the original lawsuit.
Smith alleged that recent discovery has produced new evidence showing that another person also bears responsibility for the accident that killed Mr. Falalimpa.
