A construction company has settled the lawsuit filed by its former construction worker who was injured during a crane accident at the Best Sunshine International, Ltd.’s project site in Garapan.
With the settlement, U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed yesterday with prejudice Anwar Hossain’s lawsuit against MCC International Saipan Ltd. Co. That means Hossain can no longer re-file the case.
Manglona said the court shall retain jurisdiction to enforce the confidential settlement, release and indemnification agreement signed by each of the parties to the suit.
The judge said each party will bear their own costs and fees.
Hossain filed the lawsuit over the crane accident that caused a long and heavy pipe to roll, crushing his left leg at the Best Sunshine’s project site in Garapan last February.
Hossain, through counsel William M. Fitzgerald, sued MCC for allegedly violating the Workmen’s Compensation Law and for negligence.
Hossain demanded $200,000 in lost wages and medical expenses, and $300,000 in non-economic damages, plus punitive damages.
In its answer to the lawsuit, MCC, through Michael W. Dotts, denied fault over the crane accident. Dotts asserted that any injuries suffered or damages sustained by Hossain were caused solely by the latter’s own negligence.
Dotts said the claims are precluded or limited by the Worker’s Compensation laws and that plaintiff failed to exhaust administrative remedies.