Another survivor in the 2006 plane crash in Upper Dandan and his wife have filed a court action in federal court after Tinian Dynasty Hotel & Casino and its co-defendants are allegedly delinquent on payment of their $450,000 settlement deal.<\/p>\n
Patrick James Timmerman and his wife, Maria Purley Agcaoili Timmerman, filed a motion on Friday, asking the U.S. District Court for the NMI to issue a judgment in the amount of $261,000 against defendants Tinian Dynasty, Hong Kong Entertainment (Overseas) Investment Ltd., and Taga Air Charter Services Inc. pursuant to a previous court\u2019s order and the settlement agreement.<\/p>\n
Patrick Timmerman is a licensed pilot who was then employed with Tinian Dynasty when the crash happened. He was seated next to the pilot, Brent J. Hinkemeyer.<\/p>\n
Patrick Timmerman suffered severe and permanent injuries when a Piper Cherokee aircraft crashed on a farm in Upper Dandan en route to Tinian on Aug. 11, 2006.<\/p>\n
Patrick Timmerman, through counsel William M. Fitzgerald, sued all defendants except Hinkemeyer. His wife, Maria, and their minor son joined in the lawsuit.<\/p>\n
Fitzgerald in his declaration in support of plaintiffs\u2019 motion to enter judgment, disclosed that his clients and the defendants entered a settlement agreement in December 2010.<\/p>\n
Fitzgerald said pursuant to the terms of the settlement agreement, defendants were required to make certain monthly payments to his clients.<\/p>\n
Fitzgerald said if defendants became delinquent for more than 10 days from the due date of the payment, upon written notice to defendants, his clients shall be entitled to a judgment in an amount equal to the difference between $450,000 and the amount previously paid by defendants.<\/p>\n
The Timmermans provided written notice to defendants last Jan. 19 that they were delinquent.<\/p>\n
Up to this point, Fitzgerald said, defendants have paid $189,000 to plaintiffs and under the terms of the agreement, plaintiffs are entitled to a judgment in the amount of $261,000, the difference between $450,000 and $189,000.<\/p>\n
Last April 20, U.S. District Court for the NMI Chief Judge Ramona V. Manglona ordered HKE, owner of Tinian Dynasty Hotel & Casino, to pay $1.4 million to two other plane crash survivors to satisfy their settlement agreements.<\/p>\n
Manglona said HKE shall pay $606,723.10 to Tomoyuki Nagata and $769,229.61 to Dr. Jun Takimoto and his family collectively, or for a total of $1,375,952.71.<\/p>\n
Manglona issued the order after Nagata and Takimoto asked the court to enforce terms of the settlement agreement after HKE was delinquent in its payment pursuant to their settlement agreement.<\/p>\n
The judge said pending further court\u2019s order, HKE shall refrain from the sale or transfer of any of its personal property, except in the normal course of business.<\/p>\n
Timmerman, Takimoto, Nagata, and Yoko Kamiyama were among the seven passengers of a Piper Cherokee aircraft that crashed on a farm in Upper Dandan en route to Tinian on Aug. 11, 2006. <\/p>\n
HKE settled the lawsuits filed by the survivors. The court subsequently dismissed the lawsuits in February 2010.<\/p>\n","protected":false},"excerpt":{"rendered":"
Another survivor in the 2006 plane crash in Upper Dandan and his wife have filed…<\/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":[1628,12238,9587,9588],"class_list":["post-230937","post","type-post","status-publish","format-standard","hentry","category-local-news","tag-hke","tag-patrick-timmerman","tag-piper-cherokee","tag-upper-dandan"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/230937","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=230937"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/230937\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=230937"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=230937"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=230937"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}