Home | Databases | WorldLII | Search | Feedback Reports of the Trust Territory of the Pacific Islands

  Download original PDF

Falegorong v Trust Territory [1979] TTLawRp 6; 8 TTR 6 (11 January 1979)

8 TTR 6

FALEGORONG, Plaintiff-Appellee

v

TRUST TERRITORIES OF THE PACIFIC ISLANDS, et al., Defendant-Appellant

Civil Appeal No. 197

Appellate Division of the High Court

Yap District

January 11, 1979

Trust Territory appealed from judgment against it in negligence action. The Appellate Division of the High Court, Nakamura, Associate Justice, held that Yap District Legislature employee was an employee of the Trust Territory Government.

1. Trust Territory-District Legislatures-Status

The Yap District Legislature was created as a part of the Trust Territory Government, is an agency of that government, and is not an autonomous body. (3 TTC § 2)

2. Trust Territory-Negligence-District Legislature Employees

Trust Territory was liable for damages resulting from the negligence of an employee of the Yap District Legislature while driving a motor vehicle within the course and scope of his employment. (6 TTC § 251)

3. Trust Territory-Employees-District Legislature Employees

An employee of the Yap District Legislature is an employee of the Trust Territory Government

Before HEFNER, Associate Justice, NAKAMURA, Associate Justice, and GIANOTTI, Associate Justice

NAKAMURA, Associate Justice

This is an appeal from a judgment of the Trial Division of the High Court, Yap District, in Civil Action No. 6-76.

The facts of this case are straightforward. On November 10, 1975, a car collision took place in Yap District between a car owned by the Yap District Legislature and a car which was found by the Trial Court to have been owned by Augusta Kugfel Falegorong, plaintiff/appellee. The District Legislature's car was driven by James E. Siyou, an employee of the District Treasurer's Office, Yap District Legislature.

On May 21, 1976, plaintiff/appellee filed her action for damages, based upon the negligence of defendant Siyou and the concurrent liability of defendant Trust Territory of the Pacific Islands under the doctrine of respondeat superior. By Judgment dated February 4, 1977, both defendants were found jointly and severally liable to plaintiff/ appellee for damages in the amount of $422.40. Only the defendant Trust Territory of the Pacific Islands appeals from this Judgment.

[1]