Tasi Tours and Transportation Inc. has filed a cross claim for contribution against a tour agency that brought to Managaha Island a female Chinese tourist who drowned while snorkeling off the island in 2012.<\/p>\n
Tasi Tours, through counsel Rexford C. Kosack, asserted that although Tasi denies any liability to Dao Wang\u2019s father, Xiao Ting Wang, Tasi may be compelled to pay a judgment rendered in favor of Wang.<\/p>\n
In Tasi Tours\u2019 cross claim, Kosack said any such judgment should be paid in whole or in part by Man Bao Corp., which owns of Win Tour.<\/p>\n
Kosack said Win Tour sold Dao a tour to Managaha and thus she was a customer of that company. Win Tour brought Dao to Managaha and rented her a snorkel and mask. Kosack said Win Tour instructed Dao as to the area in the water where to snorkel.<\/p>\n
He said Win Tour had a duty to Dao in instruct her in the use of a snorkel and mask, but the tour agency breached this duty.<\/p>\n
Kosack said Win Tour had a duty to watch over Dao as she snorkeled to ensure that she did not suffer injury or death.<\/p>\n
\u201cWin Tour breached this duty,\u201d the lawyer asserted.<\/p>\n
Wang, 66, as personal representative of his daughter, Dao, is suing Tasi Tours and Man Bao Corp., which owns Win Tour. He asked the federal court to hold the two companies liable to pay him unspecified damages.<\/p>\n
In Tasi Tours\u2019 cross claim, Kosack said in the event the plaintiff\u2019s allegations are proven true, Dao\u2019s death was the direct and proximate result of Win Tour\u2019s breach of one or more of its duties.<\/p>\n
Thus, Kosack said, in the event that Tasi Tours is found liable to Wang as a result of the allegations in the lawsuit, and in the event it is determined that Win Tour and Tasi are jointly liable, then Tasi has a right to contribution from Win Tour for all such damages, liabilities, costs, expenses, and attorneys\u2019 fees.<\/p>\n
Aside from its cross claim, Tasi Tours also filed its answer and affirmative defenses to Wang\u2019s lawsuit.<\/p>\n
In Tasi Tours\u2019 defenses, Kosack said Wang is barred from any recovery from Tasi, in that any injury of Dao, the death of Dao, and the damages sustained in this matter were the direct result of Dao\u2019s own conduct, or the conduct of persons other than Tasi.<\/p>\n
Kosack said Tasi\u2019s negligence, if any, must be compared against the negligence and\/or conduct of others, including the negligence of Dao and Tasi\u2019s co-defendant.<\/p>\n
Kosack said Tasi\u2019s liability, if any, for Dao\u2019s injuries, must be reduced by the amount to which others are responsible for plaintiff\u2019s injuries.<\/p>\n
He said Dao assumed the risk of harm by engaging in the snorkeling activities.<\/p>\n
Kosack said as any and all acts of omissions by Tasi and by any of its employee, as it relates to Dao, were in good faith, were not grossly negligent, and constituted emergency care, Tasi is not liable for any damages under CNMI law.<\/p>\n
U.S. District Court for the NMI Chief Judge Ramona V. Manglona recently ruled that Tasi Tours owed a duty of reasonable care to Dao.<\/p>\n
\u201cWhether deploying lifeguards to watch the area in which Dao drowned would have been reasonable\u2026is a jury question,\u201d said Manglona in denying Tasi Tours\u2019 motion to dismiss Wang\u2019s lawsuit. <\/p>\n","protected":false},"excerpt":{"rendered":"
Tasi Tours and Transportation Inc. has filed a cross claim for contribution against a tour…<\/p>\n","protected":false},"author":23,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[54,259,4268,4269],"class_list":["post-200636","post","type-post","status-publish","format-standard","hentry","category-local-news","tag-agency","tag-lawsuit","tag-tasi-tours","tag-win-tour"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/200636","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/23"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=200636"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/200636\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=200636"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=200636"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=200636"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}