Couple sues Himawari as husband allegedly injured tripping over box

A couple filed last Friday a lawsuit against the owner of Himawari in Garapan after the husband was allegedly injured when he tripped over a sealed box that was placed on the ground in the store’s narrow aisle last July 4.

Jose B. Agulto and Francine M. Agulto, through counsel Tiberius Mocanu, are suing Himawari Saipan Inc. for negligence and loss of consortium.

The couple is asking the Superior Court to hold Himawari liable to pay them damages in an amount to be proven at trial. The couple is demanding a jury trial.

Saipan Tribune contacted last Monday Himawari to get their side, but management refused to comment as they will respond to the complaint in court.

According to Mocanu, Mr. Agulto fell on his left side twisting his knee and landed on his left hip.

Mocanu said Mr. Agulto was unable to walk on his own after his fall and instead relied on a shopping cart for balance.

Upon returning home Mr. Agulto allegedly discovered a severe bruise on his left hip that caused him considerable pain.

Since his fall, the lawyer said, Mr. Agulto relies on a cane to walk and has chronic pain in his left knee and hip.

Mocanu said the Agultos entered Himawari’s store last July 4 at 9:45am.

Mrs. Agulto was behind her husband as they entered the store. Mr. Agulto proceeded down the aisle immediately in front of the entrance.

Mocanu said the aisle that Mr. Agulto entered was not blocked or roped off and there was no indication that the aisle in question was not safe.

Mr. Agulto proceeded down the aisle and allegedly tripped over a box that was left in the aisle.

Mocanu said the box was placed there by an employee in order to restock the shelves.

He said the aisles at Himawari are narrower than a typical grocery store.

Agulto tripped on the box that was left in the aisle and landed on his left side. He was helped to his feet but was unable to stand and balance on his own strength.

Mr. Agulto needed to use a shopping cart for balance to act as a walker to navigate around the store because of the difficulty he had walking.

Upon arriving home, Mr. Agulto allegedly noticed a large bruise on his left hip. Mrs. Agulto decided to bring him to the hospital’s emergency room.

Mocanu said since his fall, and to date, Mr. Agulto needs a cane in order to walk beyond a very short distance.

Mocanu said Himawari breached its duty to Mr. Agulto by not alerting him to known hazard and/or by not removing hazards from its premises.