Previous Story
Court upholds $3.5 M award
|
Posted on Jun 30 1999
For a man whose arms were amputated and therefore became disabled as result of “electrocution” injuries, the jury’s award of $3.5 million may be just fair, according to the Superior Court.
In a decision issued Friday, Superior Court Associate Judge John Manglona denied a motion for retrial filed by Kim Kyung Duk, who owned the commercial building in Chalan Kanoa where plaintiff Felix F. Fitial obtained his permanent injuries eight years ago.
In upholding the jury’s decision, Manglona said that based on evidence presented at the trial, “it cannot be said that the award of $3.5 million for his injuries is so excessive as to shock the judicial conscience.”
The case arose from an incident in February 1991, when Fitial, upon Kim’s request, undertook night watch duties at the commercial building, which at the time was under construction.
While inspecting the second floor of the building, Fitial spotted an object he thought was a reinforcement bar protruding from the end of the building.
To avoid any accident that might result if it fell to the ground, Fitial reached out to remove the object which turned out to be a live electrical wire.
Fitial was “electrocuted,” was thrown back about five feet from the object and lay unconscious. As a result, both of his arms had to be amputated. This prompted Fitial to sue Kim for negligence.
At the trial, Fitial told the court about his pain and sufferings and how he became dependent on his families for daily regiments as a result of his arms amputation.
Manglona was convinced that the jury’s award “is not excessive” considering evidence of the “traumatic circumstances and economic damages” to Fitial.
“It does not raise an irresistible inference that passion , prejudice, corruption or other improper cause invaded the trial,” Manglona said.
