Tasi Tours files a cross claim against the Win Tour agency

Tasi Tours and Transportation Inc. has filed a cross claim for contribution against a tour agency that brought to Managaha Island a female Chinese tourist who drowned while snorkeling off the island in 2012.

Tasi Tours, through counsel Rexford C. Kosack, asserted that although Tasi denies any liability to Dao Wang’s father, Xiao Ting Wang, Tasi may be compelled to pay a judgment rendered in favor of Wang.

In Tasi Tours’ cross claim, Kosack said any such judgment should be paid in whole or in part by Man Bao Corp., which owns of Win Tour.

Kosack said Win Tour sold Dao a tour to Managaha and thus she was a customer of that company. Win Tour brought Dao to Managaha and rented her a snorkel and mask. Kosack said Win Tour instructed Dao as to the area in the water where to snorkel.

He said Win Tour had a duty to Dao in instruct her in the use of a snorkel and mask, but the tour agency breached this duty.

Kosack said Win Tour had a duty to watch over Dao as she snorkeled to ensure that she did not suffer injury or death.

“Win Tour breached this duty,” the lawyer asserted.

Wang, 66, as personal representative of his daughter, Dao, is suing Tasi Tours and Man Bao Corp., which owns Win Tour. He asked the federal court to hold the two companies liable to pay him unspecified damages.

In Tasi Tours’ cross claim, Kosack said in the event the plaintiff’s allegations are proven true, Dao’s death was the direct and proximate result of Win Tour’s breach of one or more of its duties.

Thus, Kosack said, in the event that Tasi Tours is found liable to Wang as a result of the allegations in the lawsuit, and in the event it is determined that Win Tour and Tasi are jointly liable, then Tasi has a right to contribution from Win Tour for all such damages, liabilities, costs, expenses, and attorneys’ fees.

Aside from its cross claim, Tasi Tours also filed its answer and affirmative defenses to Wang’s lawsuit.

In Tasi Tours’ defenses, Kosack said Wang is barred from any recovery from Tasi, in that any injury of Dao, the death of Dao, and the damages sustained in this matter were the direct result of Dao’s own conduct, or the conduct of persons other than Tasi.

Kosack said Tasi’s negligence, if any, must be compared against the negligence and/or conduct of others, including the negligence of Dao and Tasi’s co-defendant.

Kosack said Tasi’s liability, if any, for Dao’s injuries, must be reduced by the amount to which others are responsible for plaintiff’s injuries.

He said Dao assumed the risk of harm by engaging in the snorkeling activities.

Kosack said as any and all acts of omissions by Tasi and by any of its employee, as it relates to Dao, were in good faith, were not grossly negligent, and constituted emergency care, Tasi is not liable for any damages under CNMI law.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona recently ruled that Tasi Tours owed a duty of reasonable care to Dao.

“Whether deploying lifeguards to watch the area in which Dao drowned would have been reasonable…is a jury question,” said Manglona in denying Tasi Tours’ motion to dismiss Wang’s lawsuit.