Sportswriter sues tour bus, driver

Saipan Tribune sportswriter Jhonatan Perez has filed a lawsuit against a tour bus and its former driver who rammed his van, causing him serious injuries.

Perez’s wife, Sarah U. Perez, also joined in the case as co-plaintiff., suing for loss of consortium.

Perez is suing Fernando C. Estella for reckless, careless, and negligent driving, and Tasi Tours and Transportation Inc. for negligent entrustment; negligent hiring; independent negligence, reckless and intentional claim; and servant relationship liability.

The couple, through attorney Victorino DLG. Torres, requested the Superior Court to order a mandatory mediation. In the event the mediation is unsuccessful, they want a jury trial.

Perez is demanding damages for pain and suffering, emotional distress, mental anguish, medical care and expenses, and bodily injury. He also asked for attorney’s fees and court costs.

Perez was at the traffic light intersection near the Bank of Hawaii on Chalan Pale Arnold in Puerto Rico on July 31, 2015, and had just entered the intersection after the traffic light turned green when Estella, who was driving north on a Tasi Tour bus, ran the red light and plowed into Perez’s van.

The bus dragged the van, causing it to spin and fall into a ditch about four feet deep on the shoulder of the road. Medics arrived and brought Perez to the hospital.

Perez, 38, survived the accident with a fractured left clavicle and bruises on the left side of his face. It also resulted in a total loss of value to his vehicle.

Estella was cited for three traffic offenses.

Torres said Estella breached his duty of due care and was negligent, reckless, and careless when he was driving fast, knowing that the traffic signal turns yellow and failed to stop when the traffic signal turns red.

The lawyer said Estella had been issued in the past with multiple traffic citations and violations, including reckless driving, which makes him unfit to be an operator of a tour company bus.

Despite this, Torres said, Tasi Tour entrusted the vehicle to Estella. Torres said Tasi Tour knew or should have known that Estella had been issued with multiple traffic citations, was incompetent, and reckless.

Torres also noted that on that day of the accident, the speedometer of the bus was not working. He said Tasi Tour’s agents, employees, and managers were aware of this.

“As a direct and proximate result of defendant Tasi Tour’s reckless indifference to the rights of others, it created substantial risks of harm to the plaintiffs and other members of the public,” Torres said.

When asked by a traffic investigator what was his speed at that time, Estella replied that the bus speedometer was broken, according to a police report.

Estella, 35, was later terminated from Tasi Tour after the accident, Saipan Tribune learned.