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Contractor wants suit heard in federal court
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Posted on Aug 10 2005
A government contractor that has been sued by a Japanese visitor before the Superior Court wants the case removed from the Commonwealth court and transferred to Saipan’s federal court.
Maeda Pacific Corp. yesterday notified the federal court of the case’s removal from the CNMI court, asking the U.S. District Court to determine the proper disposition of the case.
Japanese visitor Toshihiro Takahashi filed the civil action against Maeda sometime last month after sustaining injuries from an alleged dangerous condition on the Coral Tree Avenue’s sidewalk.
Maeda constructed the road as the government’s contractor in the $1.842 million road project, which is part of the Garapan Revitalization Project.
Takahashi claimed he sustained multiple bruises and lacerations throughout his body, suffered excruciating pain and needed hospitalization after he walked into metal pipes that were lying on the sidewalk last March 17.
Maeda’s workers had placed two metal pipes in one of the sidewalks across Remington’s Club, the southern portion of the Coral Tree Avenue construction project.
Takahashi said the metal pipe created a dangerous condition to pedestrians. His lawyer, Victorino DLG. Torres, said the metal pipes did not have any warning lights, warning signs or barricade to provide adequate and sufficient warning about the dangerous condition.
Torres said the injuries have resulted in medical expenses and lost income for Takahashi. He alleged that the injuries also resulted in impairment of Takahashi’s earning capacity.
Torres said Maeda should be held liable for Takahashi’s injuries, medical expenses, lost income, and suffering, as well as costs incidental to instituting the civil action.
