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Court issues default judgment vs ex-cop in hit-and-run case
The federal court issued yesterday a default judgment in favor of a woman who had sued a terminated police officer for hitting her with the police vehicle he was driving.
U.S. District Court for the NMI Magistrate Judge and Clerk of Court Heather L. Kennedy issued an entry of default against Martin Ilo Kapileo after the latter failed to respond to Mayona S. Bergosa’s lawsuit.
Kennedy said an examination of the record and pleadings in the case shows that Kapileo had been served with Bergosa’s complaint and summons as required by law.
Bergosa, through her lawyer, Michael W. Dotts, recently asked the court to enter a default judgment against Kapileo for not responding to her complaint.
Dotts said the summons and complaint were served on Kapileo on Dec. 5, 2013, at the Department of Corrections by John S. Vega of the U.S. Marshals Service.
Dotts said the 20-day period to respond or file an answer was on Dec. 25, 2013.
Bergosa filed the lawsuit last November. She is suing Kapileo for negligence. She asked the court to hold Kapileo liable to pay her more than $75,000 in damages for her medical expenses, pain, and suffering.
Kapileo was convicted in Superior Court of five traffic offenses over the hit-and-run incident that occurred in Dandan on Oct. 27, 2012. Associate Judge Joseph N. Camacho slapped him with a five-year prison sentence and a $1,800 fine.
According to Dotts in the complaint, Bergosa was walking home by the side of Dandan Road near Just Laundry on Oct. 27, 2012, at 12:56pm, when she was hit from behind by a vehicle.
Dotts said it was Kapileo who was driving a Department of Public Safety patrol car that hit Bergosa.
The lawyer said Kapileo, who was then a police officer, fled in the patrol car.
Dotts said it was the patrol car’s rearview mirror on the passenger side that hit the Bergosa in the back of her head.
“The force of the impact resulted in plaintiff’s injuries to her head, back, neck, knee, and leg,” Dotts said.
Bergosa’s laundry and cellphone were scattered on the ground and were also damaged.
Dotts said an ambulance was called and Bergosa was taken to the Commonwealth Health Center.
