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Japanese sued for wrongful death
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Posted on Aug 08 2005
A man sued a Japanese national before the U.S. District Court over his brother’s death after being struck by a scooter at a Tanapag highway early this year.
William Kaipat filed a civil action against Tatsuya Oike, saying that the latter negligently operated a scooter on Middle Road on Jan. 31 and hit Kimitosy Willy, who was crossing the road with two of his friends.
Kaipat’s attorney, David Banes, said in a complaint that the force of the impact of the scooter resulted in Willy’s fatal injury to his head. Willy died from hemorrhage at the Commonwealth Health Center’s Intensive Care Unit.
Banes said Oike was drunk while driving the scooter. He said the Japanese was speeding when the scooter struck Willy.
“The estate [of Willy] has suffered damages such as lost wages, future earnings and earning capacity, all to its damage in amounts which continue to accrue and which will be determined at trial,” Banes said.
“As a result of the untimely death…the estate has suffered loss of financial support from the loss of anticipated earnings in the future until his retirement,” the lawyer added.
Banes also said Willy suffered pain and mental shock from the time he entered the hospital until he died. Willy’s survivors have been suffering mental anguish over his untimely death.
Kaipat has been appointed administrator of Willy’s estate. Banes also said Kaipat incurred funeral expenses related to his brother’s death.
“As defendant acted with reckless disregard by consuming alcohol before operating a scooter, [Kaipat] is entitled to punitive damages,” Banes added.
The complaint did not specify the amount of damages being sought, which Banes said would be proven at trial. Kaipat demanded the court for a jury trial.
