Star Marianas says allegations of prior crashes ‘immaterial, scandalous’

The owners of a Piper aircraft that crashed on Tinian in October 2013, killing three persons and injuring four others, have moved the federal court to strike the allegations of prior crashes “as it is immaterial, impertinent, and scandalous.”

Attorney Timothy H. Bellas, counsel for defendants Star Marianas Air Inc. and Tinian Travel Management Solutions Inc., asserted that such allegations of prior crashes is not material to the negligence claim in this case, and that its only apparent purpose is to prejudice or confuse the jury.

Bellas discussed the allegations in the defendants’ motion to dismiss the lawsuit filed by widow Lisha Gu and her minor daughter, Yuxin Wu, against Star Marianas Air Inc. and Tinian Travel Management Solutions.

Gu and Wu were among the four survivors in the crash. Gu’s husband and Wu’s father, Xuan, was among the three passengers killed in that crash. Pilot Luis Silva and a 26-year-old Chinese female tourist were the two other fatalities.

Gu and Wu are suing Tinian Transportation Management Solutions, Star Marianas Air, Silva, and 10 unnamed co-defendants, for negligence-wrongful death, negligence, loss of consortium, and negligent infliction of emotional distress.

In defendants’ motion to dismiss filed on Friday, Bellas said the complaint alleges that defendants’ aircrafts and employees had been involved in prior air crashes.

Bellas said it specifically alleges a Nov. 19, 2012, crash “involving defendants’ Piper 32-300 and pilot flying between Saipan and Tinian, which caused death and serious physical injury.”

Bellas said nowhere is this allegation connected factually or legally into the claims of Gu’s and Wu’s complaint.

“It’s only apparent reason for being made is to prejudice jury against defendants or to confuse jury as to be issue before it,” he said.

Bellas pointed out that this is a negligence case and that the material issues are duty, breach, causation, and injury.

“None of these issues depend upon whether or not there had been prior air crashes,” he said.

Bellas said it is conceivable that a prior air crash could be material, but only with additional allegations to tie it to the crash alleged in the present lawsuit (such as this plane was not worthy or the pilot was not qualified to fly this aircraft).

Bellas said no such allegations are made in the complaint.

Bellas said a jury could be distracted from the proper issues and improperly prejudiced by evidence or prior conduct.

The lawyer asserted that Gu’s wrongful death claim should be dismissed because she is not the personal representative of her decedent husband.

Bellas said Gu’s allegation that she is the surviving spouse means she could benefit from a wrongful death action—but it does not automatically entitle her to be the personal representative empowered to assert a claim for wrongful death.

With respect to claims of negligence and negligent infliction of emotional distress, Bellas said the claims should be dismissed because Gu is not the guardian ad litem for minor Wu.

Bellas said a minor has no legal ability to file a lawsuit.

As to the claim for loss of consortium, Bellas said the claim must be dismissed because the claim is not available in a wrongful death action under Commonwealth law.

Gu and Wu, through counsel Colin M. Thompson, asked the U.S. District Court for the NMI to hold the defendants liable to pay them in unspecified amount of damages, court costs, and attorney’s fees.

Thompson stated in the complaint that on Oct. 6, 2013 at 2:51am, a Piper Aircraft piloted by Silva crashed three miles north of the Tinian International Airport on Tinian, completely destroying the plane.

As a result of the impact, Xuan was killed and plaintiffs Gu and Wu suffered severe and debilitating personal injury.

Thompson said prior to the crash, the Saipan-bound aircraft descended to an altitude of 302 feet, turned 180 degrees, and collided with a jungle-covered hill at an elevation of 450 feet.

Thompson said the last radio communication with pilot Silva involved him asking traffic control for weather condition information.

The lawyer said on Oct. 6, Tinian Transportation Management Solutions, which owns Star Marianas Air, Silva, and 10 unnamed co-defendants were engaged in the business of servicing, operating, managing, and controlling the aircraft and other planes as for hire air transportation vehicles.

Thompson said prior to Oct. 6, 2013, defendants had knowledge of other air crashes involving their aircraft, including a Nov. 19, 2012 crash involving defendants’ Piper 32-300 and pilot flying between Saipan and Tinian, which caused death and serious personal injury.

In the Nov. 19 crash, one person was killed and six others were injured. The six survivors, all Chinese nationals, filed last year a wrongful death lawsuit in federal court against the pilot Jae Choi, Star Marianas Air Inc., Marianas Air Travel, Tinian Transportation Management Solutions Inc., Tianing Travel Agency, Top Development Inc., and 100 unnamed co-defendants.