Cruz v. Aguon

Opinion

Library IN THE SUPERIOR COURT OF GUAM

2 SMALL CLAIMS DIVISION

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4 ANTONIO Q. CRUZ, )

) SMALL CLAIMS CASE NO. SD0999-10 5 Plaintiff, )

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6 ) ORDER 7 vs. )

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9 POLITO N. AGUON, SYLVAN P. OGO )

10 And STEVEN OGO )

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11 )

Defendants.

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13 INTRODUCTION 14 The matter before the Court came on Plaintiff's Antonio Q. Cruz ("Cruz") claim for 15 damages resulting from an auto-accident occurring on August 21, 2010. A trial on Cruz' claim 16 against Defendant Sylvan Ogo ("Sylvan") took place on September 9, 2011 before the Honorabl 17 Benjamin C. Sison, Jr. who took the matter under advisement. Attorney Joaquin C. Arriola Jr, 18 Esq. appeared on behalf of Plaintiff while Cruz appeared pro se. Having reviewed the evidence 19 presented and the applicable law, the Court now issues its Decision and Order with respect to 20 Sylvan.

21 BACKGROUND 22 The case before the Court involves a claim for damages resulting from an auto-accident 23 occurring on August 21, 2010 in Dededo, Guam. Cruz asserts that the cause of the accident was 24 negligence on the part of the driver, Polito Aguon ("Aguon"), who was driving a 1997 Hyundai 25 Tiburon (the "Vehicle") which was registered in the records of the Guam Department of 26 Revenue and Taxation to Sylvan at the time of the accident. Plaintiff, filed this action against 27 Aguon, Sylvan and another individual named Steven Ogo. Plaintiff however was successful in 28 serving Sylvan and Steven Ogo but not Aguon in this action. Because Steven Ogo was neither

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involved in the accident nor an owner of the Vehicle, he was dismissed from this matter. Sylvan 2 provided as evidence at trial, a Bill of Sale to the Court indicating that Sylvan sold the Vehicle to 3 Aguon on August 1,2009. In addition, Sylvan testified in Court that he endorsed the certificate 4 of ownership of the Vehicle to Aguon. However, because the Vehicle remained officially 5 registered to Sylvan with the Guam Department of Revenue and Taxation at the time of the 6 accident, Plaintiff asserts Sylvan remains liable for damages under Guam's Imputed Negligence 7 Statute Title 16 §17101. We disagree. 8

9 DISCUSSION 10 Plaintiff's claim against Defendant is based entirely on 16 GCA § 170 1(a), which II provides as follows: 12 § 17101. Liability of Private Owners. 13 (a) Responsibility of owners for negligent operation by person 14 using motor vehicle with permission: imputation of negligence.

Every owner of a motor vehicle is liable and responsible for the 15 death of or injury to person or property resulting from negligence 16 in the operation of such motor vehicle, in the business of such owner or otherwise, by any person using or operating the same 17 with the permission, express or implied of such owner, and the negligence of such person shall be imputed to the owner for all 18 purposes of civil damages. 19 Plaintiff alleges that because record title to the Vehicle remained with Sylvan at the time 20 of the accident, any negligence of the operator must be imputed to the Defendant as the "Owner"

21 of the vehicle 16 GCA §1701(a). This issue has been directly addressed by the Ninth Circuit 22 Court of Appeals in the case of Look vs. Mobley, 323 F.2d 214 (1963). In Look, damages were 23 sought against the Sellers of a vehicle involved in an accident. The vehicle involved in the 24 accident was sold by an owner of the vehicle to a buyer who in turn sold the same vehicle to the 25 operator of the vehicle involved in the accident. The original seller endorsed the certificate of 26 ownership to the second seller who subsequently resold the vehicle to the negligent motorist 27 involved in the accident. The subsequent seller endorsed the title to the motorist without adding 28 his own endorsement. Neither the original or subsequent seller reported the transfers to the G

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Department of Finance (nka Guam Department of Revenue and Taxation). The Ninth Circuit 2 held that in such circumstances, neither the original or subsequent seller was deemed an "owner"

3 liable under Guam's Imputed Negligence Statute. 4

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6 CONCLUSION 7 Based upon the foregoing, the Court hereby dismisses this case against Defendant Sylvan

8 Ogo, with prejudice. 9

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11 SO ORDERED this _ _ day of _ _...... J..;..u_"_1_8_2_0_12_---, 12

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16 . SISON, JR., Court Referee Superior Court of Guam

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