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Man files suit against transportation company after container falls on him
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Posted on Nov 11 2020
A man has filed a suit against a transportation company after two containers the company was transporting collided with his vehicle.
Josue Genesis Cruz filed his suit against Dewitt Transportation Services Inc. or DTS for injuries sustained in a traffic incident.
The suit was initially filed electronically at the CNMI Superior Court but was moved to the U.S. District Court for the NMI last week.
The plaintiff is suing the company and its employee, Antolin Pangelinan, for alleged negligence and is seeking damages worth $75,000
Cruz claims that Pangelinan was operating a large truck owned by DTS last June 18, 2019, when two large and heavy containers fell off the truck and hit the vehicle carrying Cruz as a passenger, causing damage to the car and bodily injury to Cruz.
Allegedly, due to the collision, Cruz’s broke his arm. Additionally, as a result of the injuries he sustained from the incident, Cruz is no longer able to fully extend his arm. He said it was determined that treatment could not be provided at the Commonwealth Health Center or in Guam so arrangements were made to refer Cruz to Sharp Clinic in San Diego, California.
Cruz said he was unable to be seen by the clinic doctor until July 19, 2019, or a month after the accident. He said he experienced extreme pain during the month, and even after the surgery was performed, he experienced pain for six months before the pain subsided.
Cruz stated in his complaint that the injuries brought about a condition that causes pain and discomfort and will continue for the rest of his life, resulting in pain and discomfort and the loss of potential future earnings.
DTS attorney Sean Frink transferred the lawsuit from the Superior Court to the jurisdiction of the U.S. District Court for the NMI on the grounds of diversity jurisdiction.
Frink said Cruz claims that he is a resident of the CNMI but is actually a resident of Guam.
Frink explained that because Cruz’s lawsuit seeks more than $75,000 in damages and because Cruz and the defendants are citizens of different states and the amount in controversy exceeds $75,000, the District Court for the NMI has diversity jurisdiction.
