Tilo v. Progressive Insurance

9 Am. Samoa 3d 147
CourtHigh Court of American Samoa
DecidedDecember 3, 2004
DocketCA No. 81-03
StatusPublished

This text of 9 Am. Samoa 3d 147 (Tilo v. Progressive Insurance) is published on Counsel Stack Legal Research, covering High Court of American Samoa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tilo v. Progressive Insurance, 9 Am. Samoa 3d 147 (amsamoa 2004).

Opinion

[149]*149OPINION AND ORDER

Introduction

On the evening of August 8, 2003, Plaintiff Christine Tilo (“Christine”) was driving a sedan westbound on Highway 1 when a truck owned by Defendant Starkist Samoa, Inc. (“Starkist”) and operated by Starkist employee, Defendant Samaeli Tui (“Tui”), entered onto the highway from the Starkist cannery premises. The two vehicles collided. Christine allegedly sustained both personal injuries and damages to the vehicle she was driving, owned by her husband Vasaga Tilo (“Vasaga”).

On October 3, 2003, Christine filed this action against Starkist, Tui and Defendant Progressive Insurance Co. (“Progressive”), insurer of Starkist’s vehicle, alleging that Tui’s negligent driving caused her personal injuries and property damage, and seeking to recover damages from the three Defendants. On October 25, 2004, this action went to trial. Both counsels were present.

After careful consideration of witness testimony, trial exhibits, and party arguments, we conclude that Christine has adequately established that Tui was negligent, causing both personal injuries and property damage, and that Tui, Starkist, and Progressive share in the liability to Christine. Christine is therefore entitled to compensation.

Discussion

Christine brings suit against Tui, the driver of Starkist’s vehicle, a 2001 International truck, and against Starkist as Tui’s employer. Under the doctrine of respondeat superior, an employer is liable for the tortious conduct of its employee when that employee is acting in the course and scope of his employment relationship. See, e.g., Fa'aola v. Taumua, 27 A.S.R.2d 115, 118-19 (Trial Div. 1995). Thus, in the present case, because the collision occurred as Tui was exiting Starkist’s facilities in a company owned truck in the furtherance of employment activities, any causal negligence on Tui’s part subjects Starkist to equal liability.

I. Personal Injuries

Motorists have a duty to exercise care on the roadway and a duty to refrain from careless driving. See A.S.C.A. §§ 22.0406, 22.0701; Sciascia v. Lutali, 23 A.S.R.2d 38 (Trial Div. 1992); Alofipo v. Va, 20 A.S.R.2d 119 (Trial Div. 1992). Failure to operate a motor vehicle with ordinary or reasonable care, which persons of ordinary prudence would use under the circumstances, is negligence. Maifea v. National Pacific Ins. Co., 27 A.S.R.2d 104 (Trial Div. 1995). In the present case, Tui was not using ordinary or reasonable care under the circumstances. Christine [150]*150was traveling westbound on the main highway, and Tui entered and crossed the center of the highway into the path of Christine’s vehicle, without properly ascertaining whether oncoming traffic had sufficiently cleared to make entrance onto the highway safe. The right front of the truck struck the left front fender area of Christine’s vehicle. Christine was not speeding and did not have sufficient time to take any action to avoid the collision. As Christine had the right of way, it was Tui’s duty to wait until traffic was clear before entering onto the highway. Consequently, Tui, and in turn Starkist, breached their duty of care to Christine by Tui’s manner of entering the highway.

In an action for negligence, a plaintiff bears the burden to prove that, more likely than not, the defendant’s conduct is both the cause-in-fact and the proximate cause of the relevant injury. Ale v. Peter E. Reid Stevedoring, Inc., 25 A.S.R.2d 142, 145 (App. Div. 1994). In the current case, we are not dealing with a convoluted chain of events or outside causes that cloud the link between Tui’s conduct and Christine’s injuries and damage. The incident is straightforward. Starkist’s vehicle, operated by Tui upon entering onto the highway simply collided with the vehicle driven by Christine. Tui’s conduct is therefore both the direct and proximate cause of Christine’s personal injuries and the damage to Vasaga’s vehicle.

In awarding damages for personal injuries, a plaintiff is entitled to recover the reasonable value of medical services rendered to him because of the injury. Puailoa v. Barber, 19 A.S.R.2d 48, 51 (Trial Div. 1991). In this case, Christine alleges that she has suffered injuries to her neck, left hand, and back. Christine lists $12.75 for the cost of medical expenses as the only medical bill received, and states that she does not anticipate further medical expenses. This amount is certainly reasonable.

Christine is also entitled to reasonable compensation for her pain, discomfort, fears, anxiety and other mental and emotional distress that she has suffered and was caused by her personal injuries resulting from the accident. On the scale of damage awards in American Samoa, fairly mild injuries frequently result in awards or settlements in the range of $10,000 while serious and painful injuries result in awards up to $50,000. Moors v. American Samoa Gov’t, 19 A.S.R.2d 67, 68-69 (Trial Div. 1991). Christine suffered and still experiences episodes of lower back pain inducing nausea and headache; that the pain is aggravated by coughing, laughing, and sneezing, and radiates down to her lower limbs. Christine also suffered and still undergoes anxiety and fear of driving and other moving vehicles as a result of the collision.

After considering the evidence, we conclude that Christine is entitled to recover $25,000 for her pain and suffering, plus her $12.75 cost of medical care, a total of $25,012.75 as damages for her personal injuries.

[151]*151II. Property Damage

Defendants argue that Christine cannot bring a cause of action to recover damage to the vehicle, because her husband Vasaga is the vehicle’s sole registered owner of record. Defendants maintain, then, that only Vasaga, as the registered owner, has standing to pursue a claim for the property damage.

A court may refuse to determine the merits of a claim on the ground that, even though the claim may be correct, the litigant advancing it is not properly situated to be entitled to its judicial determination. See Jennings v. Thompson, 25 A.S.R.2d 77, 82 (App. Div. 1994). Standing focuses on the party and not the issue to be adjudicated. Id. However, while courts are generally instructed to refrain from hearing cases based on the rights of third parties not involved in the litigation, they may permit third party standing in cases where: 1) there is a close relationship between the litigant and the third party or 2) the third person is somehow disabled from asserting its own right. Bridgeport and Port Jefferson Steamboat Co. v. Bridgeport Port, 335 F. Supp. 2d 275, 284 (D. Conn. 2004); see also Erwin Chemerinsky, CONSTITUTIONAL LAW: PRINCIPLES AND POLICIES, § 2.5.4 at 82-84 (2d ed. 2002). This test for third-party standing is prudential, rather than stemming from the “case or controversy” requirement, and is up to the court to balance factors to determine if standing is warranted. See Pennsylvania Psychiatric Society v. Green Spring Health Services, Inc., 280 F.3d 278, 288-89 (3d. Cir. 2002).

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9 Am. Samoa 3d 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tilo-v-progressive-insurance-amsamoa-2004.