Why blame the cigarette machine?<\/p>\n
This was the issue raised by lawyer Eric Smith in seeking the court’s dismissal of a civil lawsuit filed by lawyer Ted Mitchell against Elms, Inc., which sells cigarette machines.<\/p>\n
The case arose from an incident on Aug. 9, 1993 at the now-defunct Cafe Magambo in Garapan where an altercation between Mitchell and other customers led to a fight.<\/p>\n
Mitchell who was intoxicated then, according to court documents, pushed another lawyer-customer James Grizzard “who lost his balance and fell into a cigarette machine,” causing him head injuries.<\/p>\n
In July 1995, Grizzard and his wife Barbara agreed not to sue Mitchell, who as a result was “released from all liability, claims, demands, costs, charges and expenses incidental to he personal injuries.”<\/p>\n
Instead, Grizzard sued Cafe Mogambo and Century Insurance, which in turn filed a “third-party complaint” against Mitchell.<\/p>\n
Mitchell, on the other hand, pointed to Elms Inc. as the culprit, citing its alleged negligence by placing the cigarette machine in a hazardous spot at Cafe Mogambo.<\/p>\n
Representing Elms, Smith filed at the Superior Court early this week a motion seeking the dismissal of Mitchell’s claims.<\/p>\n
Smith said Mitchell should not blame Elms nor shift the financial responsibility to the company since he earlier confessed to causing injuries to Grizzard.<\/p>\n
Mitchell had confessed that “he alone caused Grizzard’s injuries,” Smith said.<\/p>\n
Smith also pointed out that upon delivery of the cigarette machine , Elms placed it in a spot selected by the business establishment’s owner.<\/p>\n
“The cigarette machine was placed in a spot in Cafe Mogambo where it would be visible to people for obvious commercial reasons.,” Smith said.<\/p>\n
He added that “no other reported incidents ever occurred involving injuries arising from the cigarette machine.”<\/p>\n
Smith said Mitchell’s claim for indemnity against Elms was “without merits.”<\/p>\n","protected":false},"excerpt":{"rendered":"
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