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Freedom Air nixes settlement with ex-judge
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Posted on Sep 01 2011
The owner of Freedom Air has objected to a settlement conference being asked by former associate judge Juan T. Lizama, who is suing the company when he allegedly nearly fell out of the plane.
In response, Lizama, through counsel David G. Banes, withdrew his request on Wednesday.
Attorney David P. Ledger, counsel for Aviation Services (CNMI) Ltd., which owns Freedom Air, said that Lizama did not give enough advance notice of the settlement conference he is asking for.
“Even if defendant were at this time inclined or at all motivated toward settlement (other than a dismissal by plaintiff), sufficient notice must be provided in order for defendant to consult with counsel and thereafter have adequate time to prepare an assessment and come up with a cogent settlement strategy,” said Ledger.
So far as Freedom Air is concerned, Ledger said, the case is not ripe for any settlement discussions. The lawyer said that Freedom Air is not prepared to discuss payment of any compensation to Lizama to settle the case.
Lizama sued Aviation Services for negligence and violation of the CNMI Consumer Protection Act. He alleged that he nearly fell out of the Freedom Air’s plane when the door suddenly opened while the aircraft was airborne during a flight from Saipan to Tinian in 2009.
Freedom Air, however, argued that any problem that Lizama may have actually experienced with the plane was of his own doing.
