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Civil lawsuit filed two years after alleged battery by ASG employee

reporters@samoanews.com

 A woman who filed a civil lawsuit against the American Samoa Government and Mac Tiatia is asking the High Court to set a trial date for her case which was filed two years ago.

The plaintiff’s claim was filed through her lawyer Mark Ude.

Barbara Taulafoga is claiming three counts of battery, pain and suffering and negligence against the defendants.

According to the complaint, Taulafoga through her counsel, wrote a letter to the Office of the Attorney General, however she did not receive a letter denying said claim via certified mail within three months of submitting a claim.

THREE COUNTS OF BATTERY

It’s alleged that the plaintiff was working together with Tiatia at the LBJ Tropical Medical Center, where Tiatia allegedly grabbed Taulafoga by the hair, then repeatedly slammed her head onto the desk.

It’s alleged that Tiatia also punched the plaintiff on her face with his free hand then repeatedly struck Plaintiff’s head with his fist. The plaintiff also claims that Tiatia allegedly kicked the plaintiff with his foot, then repeatedly struck her with his foot.

Taulafoga claims that Tiatia breached his duty to the plaintiff, and as a result of his actions the plaintiff collapsed at work on or about March 2008. The plaintiff claims that Tiatia’s actions were direct and proximate cause of plaintiff’s injuries.

PAIN AND SUFFERING

According to the complaint on or about Mar. 28, 2008, the plaintiff suffered pain and suffering at the hands of the defendants.

The plaintiff alleges that the defendants caused her to experienced pain and suffering from said event, creating a stressful work environment, and caused the plaintiff to incur anxiety and high amounts of stress. Taulafoga claims that the defendants actions are the actual and proximate cause of plaintiff’s injuries.

NEGLIGENCE

The plaintiff alleges that the defendant Tiatia as an employee of the American Samoa Government acted in an irresponsible and negligent manner.

The complaint claims that by the failure of the government to be sufficiently involved regarding the behavior of its employee Tiatia, the Government was negligent in its supervision of its employees.

Plaintiff claims that the government had the duty to supervise its personnel and insure its employees not violate the law, and the government breached their duty by failing to discipline or terminate Tiatia for his actions.

The government has breached an actual and proximate cause of the injuries incurred on the plaintiff as a result of the government’s negligence it is alleged.

The plaintiff is asking the court for judgment against the defendants for the payment of consequential damages, payment of punitive damages; attorney’s fees and costs and any other relief as the Court deems just and proper.

Ude’s motion to set this case for trial will be heard in the High Court this morning, before Associate Justice Lyle L Richmond and Associate Judge Mamea Sala Jr.



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