Lawsuit filed by mason hit by golf ball dismissed

The federal court has dismissed a construction company from a lawsuit filed by a mason who sued after he was allegedly injured when an errant golf ball hit him at Laolao Bay Golf & Resort.

U.S. District Court for the NMI Chief Judge Ramona M. Manglona on Friday ruled that she finds that the addition of Saipan Daewoo Engineering and Construction Co. Ltd. as a defendant in plaintiff Severino U. Alforeza’s first amended complaint “destroys diversity jurisdicton.”

Manglona said Alforeza asked that, in the event the court found diversity jurisdiction is destroyed, Daewoo be dismissed from the lawsuit as a dispensable party so that the court may retain jurisdiction of the case.

The judge noted that on motion or on its own, the court may at any time, on just terms, add or drop a party.

Manglona said Daewoo’s motion to dismiss and Alforeza’s cross motion for summary judgment and default against Daewoo are moot.

Alforeza filed the original lawsuit on April 13, 2011. He sued Saipan LauLau Development Inc., owner of LaoLao Bay Golf & Resort and unnamed co-defendant for negligence.

On Dec. 15, 2011, Alforeza filed an amended lawsuit, adding Daewoo and John Jones as co-defendants for negligence.

Alforeza, through attorney Joe Hill, asked the court to hold the defendants liable to pay him damages over the injuries (inguinal hernia) he suffered.

Alforeza alleged that on July 18, 2009, while he was lowering heavy metal rebars down to fellow workers at the sewage facility excavation hole inside the golf course, a golf ball, presumably hit by an unknown golfer, struck him on the chest.

Daewoo, through counsel Colin Thompson, said the court should dismiss Alforeza’s claim against the company because the claim is barred by the applicable statute of limitation.

Citing a precedent court ruling, Manglona said an alien may not maintain a suit in diversity against another alien: “Where an alien is made co-defendant with a citizen-defendant by an alien plaintiff—there is no jurisdiction over the alien. If the alien is indispensable…there is no jurisdiction at all.”

Manglona said Alforeza, a Filipino, is a foreign citizen for diversity purposes.

The judge said in an application filed by Daewoo with the CNMI Department of Commerce in 2011, Daewoo attests that it was organized under the Republic of Korea laws, it is presently incorporated in the ROK, its principal office is in Seoul, and it not presently transacting any business in the CNMI.

“Based on these facts, Daewoo is a foreign citizen for diversity purposes, and Alforeza has destroyed diversity by adding Daewoo as a defendant,” Manglona said.