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Court dismisses pool accident lawsuit
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Posted on Nov 05 2005
The Superior Court dismissed Thursday a lawsuit against a Japanese man and his Japan-based liability insurer in connection with the death of another man over injuries sustained from a hotel swimming pool accident.
Associate Judge Juan T. Lizama said the complaint against Yuji Matono and Kyoei Mutual Fire & Marine Insurance, Co. was not properly served when it was sent via DHL mail service.
Lizama said service of the complaint, which was only in English, did not comply with the Hague Convention regarding the service abroad of judicial and extrajudicial documents in civil and commercial matters.
Kiyomi Fujita Mafnas had filed the civil action before the Superior Court sometime in 2003 after the death of her husband, Joaquin C. Mafnas. The wife had sued Kan Pacific Saipan Ltd., which operates the Marianas Resort; Aioi Insurance Co. Ltd., formerly known as the Dai-Tokyo Fire & Marine Insurance Co., Ltd.; and Takagi & Associates, Inc., besides Matono and Kyoei.
The court noted that Mafnas was using the swimming pool on Saipan’s Marianas Resort on Nov. 11, 2001 when another guest, Matono, used a waterslide and then hit him. The incident resulted in Mafnas becoming a quadriplegic. It noted that the injuries proved fatal, and Mafnas passed away on Feb. 2, 2003.
Before his death, however, Mafnas and his wife had entered into a settlement with the defendants, except for Matono and Kyoei. The settlement called for total cash payments of over $4.44 million, including an initial payment of $1.5 million and close to $10,000 in monthly installments. When the settling defendants were sued, they sought dismissal of the case against them, which the court granted.
Regarding defendants Matono and Kyoei, the court dismissed the suit against them due to improper service, noting that service on a Japanese citizen in Japan must be made through the Ministry of Foreign Affairs in Tokyo.
“The Ministry requires that the complaint and all related documents be translated into Japanese and be served in accordance with Japanese law. Japan does not recognize service by registered by mail,” Lizama said.
The judge noted, though, that the complaint could be refiled against Matono and Kyoei if Kiyomi Mafnas wishes to do so.
