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Northwest asks court to junk civil action suit
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Posted on Aug 25 1999
Northwest Airlines asked the Superior Court yesterday to throw out the civil action suit filed by a passenger who had complained about his aborted trips to Tokyo and Seattle, saying a trial court judge had already ruled against the same case last month.
In a motion for dismissal filed by lawyer John Osborn, Northwest said the complainant, Iosefatu Tuigamala, had already filed a small claims action against the airlines based on the same transaction which he has raised again in his new civil action suit.
Associate Judge John Manglona dismissed Iosefatu’s small claims action last July 21.
Northwest said Iosefatu could have appealed Manglona’s decision, but opted not to do so until the period for appeal expired.
In his new civil complaint filed Aug. 2, Iosefatu charged Northwest with violation of the Consumer Protection Act, alleging that his trips to Tokyo and Seattle were aborted because of the airline agent’s “misleading statements” concerning Japan’s immigration requirements.
The case, represented by lawyer Gregory J. Koebel, stemmed from the airline employee’s statement that Iosefatu, who holds a Samoan passport, did not need a visa to enter Tokyo.
Iosefatu and his wife were traveling to Japan to obtain a US. visa for Iosefatu at the US embassy in Tokyo.
On the day of the couple’s departure to Tokyo, Iosefatu learned from a Northwest check-in attendant at Saipan International Airport that their reservation had been changed to allow only an overnight stopover in Tokyo.
According to the complaint, the Northwest agent told Iosefatu that he did not need a visa to get into Japan, and that he could obtain a US visa at Narita Airport in one day and leave for Seattle the next day.
However, upon arriving at the Narita Airport, Iosefatu was stopped by Japanese immigration and denied entry into Japan. He eventually flew back to Saipan.
Northwest said it knew nothing about Iosefatu’s allegations. (MCM)
