HAGATNA Guam – Reversing a lower court’s ruling the Supreme Court of Guam on June 28 declared that former Gov. Carl T. C. Gutierrez and former Guam Memorial Hospital Administrator Dr. Davina Lujan were not personally responsible for $300 000 and $100 000 respectively in settlement payments that were made before a claim was filed and before a settlement was signed to obstetrician Vivien Batoyan during the Gutierrez administration.

The high court disagreed with the trial court’s holding that without the filing of a government claim and authority to settle the expenditures were illegal contrary to law or without proper authority to allow personal recovery against Lujan and Gutierrez.
The justices reversed the trial court’s finding “because a government claim was not necessarily required to be filed before the payments to Batoyan were made and the court’s holding that payment of the funds without a government claim being filed was ‘not skillful prudent or diligent as analyzed from a similarly situated reasonable person standard’ was in error “” stated the Supreme court opinion.