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Widow settles wrongful death lawsuit
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Posted on May 25 2012
By Ferdie de la Torre
Reporter
Reporter
A widow who filed a wrongful death lawsuit for the death of her husband who was killed when a vehicle hit him as he was crossing a road in As Lito has agreed to settle the matter.
With the settlement, Superior Court Associate Judge Joseph N. Camacho dismissed with prejudice Mariel Falalimpa’s lawsuit in its entirety yesterday. Dismissal with prejudice means the case cannot be re-opened.
Joselito Baysauli Falalima was on his way home on Oct. 24, 2009, and was crossing Monsignor Martinez Road in As Lito when he was hit by a car driven by Duane Quitugua Richards. The Falalima couple has two young children.
Mrs. Falalimpa sued Richards, Marvin Tydingco, and Melva Ann Ada. She filed the lawsuit on behalf of herself and as the personal representative of her deceased husband. She asserted claims for negligence, wrongful death, and negligent infliction of emotional distress.
The defendants later filed a cross-claim against Wilson Villanueva Batan, the person driving the vehicle that dropped off Mr. Falalimpa in As Lito. The defendants alleged that Batan was negligent and at least partially responsible for Falalimpa’s death.
Saipan Tribune learned that the defendants and Batan, through three insurance companies, agreed to settle the lawsuit by paying Mrs. Falalimpa $30,496.
The parties agreed that the settlement shall not be construed as an admission of negligence, recklessness, willful misconduct, liability, or fault of any kind by the defendants.
