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Court denies Mitchell’s claims against cigarette machine owner
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Posted on Jul 28 1999
Lawyer Ted Mitchell will get nothing from a cigarette machine owner whom he had sued for negligence in connection with a brawl at the defunct Mogambo Cafe in August 1993.
Superior Court Associate Judge Timothy Bellas denied yesterday Mitchell’s counter-claim against Elm’s, Inc.
In a separate order, Bellas ruled that Mogambo, Inc. and Century Insurance may have a claim against Mitchell.
The twin cases stemmed from an incident on Aug. 9, 1993, when the intoxicated Mitchell started a fight with Cafe Mogambo’s customers.
Another lawyer, James Grizzard, who tried to pacify the brawl, was pushed my Mitchell onto a cigarette machine causing him serious injuries.
Grizzard agreed not to sue Mitchell, but instead filed a civil suit against Mogambo.
Mogambo in turn sued Mitchell, who then sued Elm’s saying it should be faulted for placing the cigarette machine in the “hazardous spot” at Mogambo.
In denying Mitchell’s claim against Elm’s, Bellas cited a CNMI law which provided that a “tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement.”
Mitchell also lost in a separate motion in which he asked the court to dismiss Mogambo’s claim against him.
In denying Mitchell’s motion, Bellas said it was premature to dismiss Mogambo’s claim because the court “must examine the conduct of each part on a case-by-base basis.”
“The principle of implied equitable indemnity is designed to prohibit one from profiting by his own wrong at the expense of one who is either free from fault or negligent to a lesser degree,” the order stated. (MCM)
