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Lawsuit of man who claimed brain injury dismissed
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Posted on Jan 20 2012
U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed yesterday for lack of prosecution a lawsuit filed by a man who claimed that he sustained a brain injury due to many years of exposure to solvents at his jobsite at the Power Plant 4 in Puerto Rico, Saipan.
Manglona dismissed without prejudice Adolfo M. Lumbad’s lawsuit that was filed on Dec. 10, 2008. Dismissed without prejudice means the plaintiff can re-file a new lawsuit on the same claim in the future.
In dismissing the case, Manglona said that Lumbad has not filed a motion or other response to her order to show cause why the case should not be dismissed for lack of prosecution.
Lumbad filed the case pro se or without a lawyer more than three years ago. With no action in the case, Manglona issued the order to show cause on Dec. 30. In that order, the judge gave Lumbad until Jan. 13, 2012, to respond in writing.
Manglona pointed out that if a proceeding has been pending for more than six months without any action taken by the parties, the court may dismiss the proceeding for lack of prosecution.
Lumbad sued Pacific Marine and Industrial Corp. for alleged violation of the American with Disabilities Act of 1990, differential treatment on medical benefits, termination based on disability, breach of contract, violation of Age Discrimination in Employment Act, and infliction of emotional distress.
PMIC operates Power Plant 4.
Lumbad filed the lawsuit when he was 57. He alleged that his employer terminated him as a mechanic/waste material recycler due to his disability and age. He demanded payment for damages, costs of medical care, lost earnings and employment benefits, and court costs.
Lumbad alleged that he was employed with PMIC as a mechanic but was assigned to work at its chemical and hazardous materials section as a material waste recycler since March 2001. He said he was terminated in February 2008.
