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Request for new trial denied
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Posted on Apr 04 2012
By Ferdie de la Torre
Reporter
Reporter
U.S. District Court for the NMI Chief Judge Ramona V. Manglona has denied the request of the owner of a Garapan clothing store that burned down in 2010 for a new trial.
In a decision Monday, Manglona said that Zhen Rui Bother Corp. has failed to show that the great weight of the evidence was against the jury’s verdict or that the trial was unfair.
The judge said that based on all the evidence presented at trial, she cannot say that there was no reasonable basis for the jury’s verdict.
“The weight of the evidence was clearly in favor of the verdict for FirstNet,” Manglona said.
Zhen Rui Brother Corp. is the owner of BL Clothing Store that was engulfed in flames on Oct. 30, 2010.
FirstNet Insurance Company, through counsel Richard Pierce, sued Zhen Rui Brother Corp. for allegedly deliberately setting off the blaze so the corporation’s lone owner, Zheng Biao, could claim $414,718.53 in insurance proceeds.
Zhen Rui Brother Corp., through counsels Ramon Quichocho and Michael Dotts, countersued FirstNet for breach of contract for refusing to pay the insurance policy.
In February 2012, a federal jury found that either Zhen Rui Brother Corp. intentionally caused the fire at BL Clothing Store or someone with the permission of the corporation intentionally caused the blaze.
The jury also found that Zhen Rui Brother Corp. intentionally overstated the actual cash value of its losses in the fire.
In denying the motion for a new trial, Manglona said there is no indication that the expert’s testimony in the case, although unfavorable, was unfair to Zhen Rui.
On the issue of contact between jurors and third person, Manglona said upon consideration of the totality of these circumstances, Zhen Rui has failed to allege facts that would give rise to a presumption of prejudice and support granting a new trial.
The judge noted that Zhen Rui has not pointed to any federal statute or case law for the proposition that the court’s procedure is improper and creates a defect in the trial.
