Quan Xing He v Government of Guam [2009] GUSC 20; 2009 Guam 20 (31 December 2009)

IN THE SUPREME COURT OF GUAM

QUAN XING HE aka QUIONG, HE XIN,
Plaintiff-Appellant/Cross-Appellee,

V

GOVERNMENT OF GUAM,
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.,
and DOE DEFENDANTS 1-100,
Defendants-Appellees/Cross-Appellant.

Supreme Court Case No.: CVA07-019
Superior Court Case No.: CV0631-02

OPINION

Filed: December 31, 2009
Cite as: 2009 Guam 20

Appeal from the Superior Court of Guam
Argued and submitted on February 6, 2009
Hagåtña, Guam

Appearing for Plaintiff-Appellant: Wayson W.S. Wong, Esq. Law Offices of Wayson Wong 396 West O’Brien Drive Chode Bldg. Hagåtña, Guam 96910

Appearing for Defendant-Appellee: Terence E. Timblin, Esq. Maher, Yanza, Flynn, Timblin, LLP 115 Hesler Place, Ground Flr. Gov. Joseph Flores Bldg. Hagåtña, Guam 96910

BEFORE: ROBERT J. TORRES, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; KATHERINE A. MARAMAN, Associate Justice.

TORRES, C.J.:

[1] Plaintiff-Appellant Quan Xing He ("Quan") appeals from a final judgment awarding him $48,000.00 against the Government of Guam ("GovGuam") for injuries sustained while he was a federal detainee in the custody of the Guam Department of Corrections. Quan argues that the trial court erred in failing to award him damages for medical expenses and future pain and suffering, and in determining that National Union Fire Insurance Co. of Pittsburgh, PA ("National Union"), the insurer of the vehicle from which Quan fell, was not liable to either Quan or GovGuam. National Union cross-appeals from the trial court’s denial of its motion for summary judgment.

[2] For the reasons set forth below, we reverse in part and affirm in part the judgment of the Superior Court.

I. FACTUAL AND PROCEDURAL BACKGROUND