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Court dismisses lawsuits by 2 plane crash survivors
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Posted on Dec 02 2011
The federal court has dismissed the lawsuits filed by two of the seven survivors of the 2006 plane crash in Upper Dandan who arrived at a settlement with Tinian Dynasty Hotel Inc. and other co-defendants.
In his order issued Thursday, U.S. District Court for the NMI Senior Judge Alex R. Munson said that following the parties’ agreement, the case and all claims of plaintiffs Yoko Kamiyama and Patrick James Timmerman are dismissed with prejudice.
Dismissal with prejudice means that Kamiyama and Timmerman cannot re-open their lawsuits.
Munson, however, ruled that the court shall retain jurisdiction over the case to enforce the settlement.
Each party shall bear its own attorney fees and costs.
The amount and settlement conditions were not disclosed in court documents.
Kamiyama, a Japanese national, was among the seven passengers of a Piper Cherokee aircraft that crashed in a farm in Upper Dandan while en route to Tinian on Aug. 11, 2006.
Kamiyama sustained serious injuries.
Timmerman is a licensed pilot who was then employed with Tinian Dynasty. When the crash occurred, he was seated next to the pilot.
The plaintiffs sued for negligence and other claims against the pilot, Brent J. Hinkemeyer, Taga Air Charter Services Inc., Tinian Dynasty Hotel Inc., and Hong Kong Entertainment (Overseas) Investments Ltd.
Tinian Dynasty had already settled the lawsuits filed by two other Japanese passengers.
