Hawaii Personal Injury Blog - wrongful death

Keaau Motorcycle Crash sadly Results in Two Deaths

Wayne Parsons — Wed, 03 Jun 2009 13:15:29 GMT

A story in the Honolulu Advertiser confirms that a 36 year old man and his 7 year old son died Sunday night crash in Pahoa on the Big Island. Police officers from Puna identified the two people killed at about 7 p.m. at the intersection of Route 130 and Ainaloa Boulevard in Pahoa as 36-year-old Thomas G. Reimer and his son, 7-year-old Thomas G. Reimer Jr.

The call came in at 7:33 p.m. and Puna patrol officers and traffic investigators found that a 2006 Suzuki motorcycle had collided with a 1999 Mazda four-door sedan as the motorcycle was traveling south on Route 130. A 21-year-old Pahoa man was driving the Mazda traveling north. The Mazda made a left turn onto Ainaloa Boulevard colliding with the motorcycle. The father and son were both wearing helmets. They were transported to the Hilo Medical Center where they were pronounced dead at 11:33 p.m., police said. According to the news report:

The 21-year-old Pahoa man driving the car was identified as Bobby K. Jimenez. He was arrested on suspicion of two counts of negligent homicide, promoting a detrimental drug in the third degree and no-no fault insurance, police said. He is being held at the East Hawaii Detention Center pending further investigation.

It is unknown at this time if speed, alcohol or drugs are involved.

Traffic Enforcement Unit officers have requested autopsies to determine the exact cause of death.

Police ask anyone with information on the crash call Officer Michael Molnar at 961-2293.

The deaths on Sunday were 10th and 11th traffic fatalities on the Big Island this year compared with 11 at the same time last year. And the Big Island fatality list is only the tip of the iceberg. I have written far too many times about motorcycle accidents this year on all of the Islands.

Automobile, Motorcycle and Pedestrian Deaths On Oahu Continue to Rise

Many attribute the increase to inexperienced motorcycle riders but that cannot explain everything we are seeing. Others note that motorists sometimes do not "see" motorcycles. But that cannot explain the number of fatal crashes or serious injury accidents. One thing for sure is that numbers are too high.

Our heartfelt condolences go out to the Reimer family and I am sure that the young man in the Mazda is devastated by the collision and loss of life. I am investigating all of these motorcycle and pedestrian injury accidents and so if you have information on this or other incidents - or just have an opinion on how to reduce these tragic incidents - please let me know. As an Hawaii attorney who handles these cases I hope no one else faces such a tragedy.

Originally posted at InjuryBoard by Wayne Parsons

Single Car Collision With Utility Pole In Puna Causes Death Of Young Big Island Woman

Wayne Parsons — Mon, 20 Apr 2009 04:27:53 GMT

KGMB TV News reports a traffic death on the Big Island on Sunday. Early Sunday morning shortly before 7 A.M. in Puna a woman was killed at the intersection of 25th Avenue and Paradise Drive. Doreen Kaina, 20, was apparently speeding when she lost control of her car and hit a utility pole.

"They don't drive the posted limit. We need more signs up," Andrew Ariceayos, Hawaiian Paradise Park. "Just people need to slow down. There's a lot of kids. Kids on the road."

A 19-year-old passenger was not seriously hurt according to police. Since the incident occurred on a private road it is not counted in state traffic fatality statistics.

The epidemic of traffic deaths in Hawaii continues. Again speed is implicated.

Originally posted at InjuryBoard by Wayne Parsons

Elderly Man Killed On Kaukonahua Road

Wayne Parsons — Sun, 12 Apr 2009 14:35:33 GMT

TV news reporter Andrew Pereira of KHON TV news reported the death of an elderly man Tuesday morning on the dangerous Kaukonahua Road between Waialua and Schofield Barracks. Twenty two motorists have died on Oahu roads this year and in an an earlier fatal incident on this same road, Brittany Durchuk, 27, of Ewa Beach lost control of her motorcycle and died.

Driving a 1991 GMC pickup, the 76 year old gentleman who lost his life crashed into a tree along Kaukonahua Road.

“At this time it is not known if he was wearing any seat restraints,” said Maj. Clay Kau of the Honolulu Police Department.

The police closed down the 2-lane road after the crash setting up roadblocks at Kamananui Road and Thompson Corner. According to the report in the Honolulu Advertiser the man was trapped in his vehicle:

The crash was reported about 11 a.m. in the S-curves area of the road, one of Oahu's deadliest. Several fire companies were called to the scene to help extricate the driver from a white pickup truck, police said.

The driver has been identified as Orrin Pollock, 76, of Waialua by the Medical Examiner.

According to the KHON report:

Kau says the unidentified driver was headed Waialua bound when he veered off the road near a Dole Company reservoir. It’s not known if the man was wearing a seatbelt or if speed, alcohol or drugs played a role in the crash.

“Honolulu Fire Department and EMS personnel extricated the male from the truck (and) he was pronounced dead at the scene of the collision,” said Kau.

Kaukonahua Road is notorious for its winding and hilly path including several sharp turns. Motorists must be careful and not make any errors in attention or speed on this stretch of Highway. Considered one of the most deadly stretches of highway in the state, measures have been taken to keep motorists alert to the dangers. After a series of high profile fatalities nearly in past years, rumble strips were installed and no passing zones were paced at key locations.

“That's probably been a good thing,” said Gil Riviere, who chairs the North Shore Neighborhood Board’s Traffic Committee. “I think it helps the people who are trying to drive safely. I don't think it's helping the people who are driving fast and recklessly.”

Lowering the speed limit from 35 mph to 25 mph was opposed by the North Shore community, many of whom feared it would create congestion.

“The people going off the road are not anywhere close to the existing speed limit,” said Riviere, “so lowering the speed limit is not going to have any effect on the reckless drivers.”

The majority fatal crashes on Kaukonahua Road have been single car collisions and community leaders like Riviere say many drivers simply ignore the speed limit. "I would say the road is safe if you drive safely.”

Concerns have been discussed for years as evidenced by a 2001 discussion at the Wahiawa Neighborhood Board:

Since last Board meeting, there have been six traffic fatalities on Kaukonahua Road or surrounding streets. All of the accidents involved speeding, except the most recent accident that may have involved alcohol. The Wahiawa District Police Station has stepped-up traffic enforcement on Kaukonahua Road. During the past nine days, they have issued over 200 citations. The increased enforcement has officers working overtime. This is a good program that will inform motorists to drive safely.

A statistic that no one wants to hear are traffic accidents and particularly fatalities. This was the 21st of 2009 compared to 13 at this time in 2008, a marked increase of tragedies, although there were 28 by April 7, 2007.

What do you think can be done to make Kaukonahua Road safer? Probably the only answer is for drivers to be cautious and drive in a prudent fashion. Speed is a major problem on Oahu roads. On a curving hilly road like this one that is all the more important.

Originally posted at InjuryBoard by Wayne Parsons

Automobile Strikes Man On Sidewalk Along Kalanianaole Resulting In Serious Personal Injury

Wayne Parsons — Wed, 14 Jan 2009 03:30:26 GMT

Did you see a fire hydrant showering Kalanianaole Highway on Sunday morning? Am automobile left the road and hit a man in his 60s walking on the sidewalk on Kalanianaole Highway in Niu Valley yesterday afternoon, according to police.

According to a report in the Star Bulletin:

The man, who was not identified yesterday, was in critical condition after the 11:40 a.m. accident. Police said a 2003 Toyota four-door sedan, driven by an 89-year-old Hawaii Kai man, was Koko Head-bound in the lane next to the sidewalk when it jumped the sidewalk, hit a tile wall and a hydrant before striking a man at about 11:40 a.m.

The victim was taken to the Queen's Medical Center in critical condition with serious personal injuries including severe head and body injury. The cause of the accident is under investigation and the Police do not think that speed, drugs and alcohol were factors.

In earlier articles I have written about pedestrian injuries at cross walks in "Hawaii Pedestrian's Face Crosswalk Threats" and about Ikaika Andrade who was was seriously injured in Maile recently as he walked along Farrington Highway, "Pedestrian Critically Injured After Being Hit By Car On Farrington in Maili". Pedestrian personal injury from automobile accidents has been a major focus of police efforts to find ways to reduce these collisions and the resulting personal injuries and wrongful death.

What do you think Hawaii? Is there an unusual number of pedestrian injuries and death from automobiles leaving the roads?

Originally posted at InjuryBoard by Wayne Parsons

Honolulu Driver Arrested on Suspicion of Fatal Hit & Run

Wayne Parsons — Sun, 11 Jan 2009 00:23:45 GMT

KHON TV reports that a hit and run driver has been apprehended in the death of Lindsey Kane in Waipahu. The story was reported today on KHON TV by Brianne Randle. Here is their report:

Charges are pending against a 31-year-old Waipahu man who was arrested in connection with a recent fatal hit and run crash. The victim's family is certain police have the right man.

The Kane family made a plea New Year's Eve for help finding the driver who killed their brother Lindsay Kane.

He was hit last month by a teal colored F-150 pickup that veered into his lane on Farrington Highway. The driver of the truck fled the scene. Kane died later that night.

His older brothers Rod and Kimo wanted answers.

"Because we lost someone we loved dearly," said Rod Kane.

They posted an ad on Craigslist. Asking anyone with information on the driver to come forward. Even pleading with the person responsible to turn him or herself in. They say the e-mails came pouring in.

Friday afternoon, a tip led them to the home of 31-year-old Siaose Feleunga.

"I went to the mom's house and the mom was getting ready to go to the police station and they caught her son," said Kimo Kane.

She told them she was the owner of the blue truck police were investigating and that her son was responsible.

"She said that her son was in the accident that killed my brother," said Kimo Kane.

Off camera, Kelly Feleunga says her son told her he ran because he was wanted for multiple outstanding traffic warrants.

Police arrested Feleunga on four counts of contempt. He was later booked on suspicion of negligent homicide and failure to render aide.

The Kane's admit, an arrest doesn't bring closure.

"My brother will forever be in our hearts but, everybody deals with this type of tragedy in a different way, until he's actually convicted we won't get closure. not for myself not for the rest of the family," said Rod Kane.

Siaosi Feleunga has not yet been charged with the crime. It is common procedure for traffic investigators to release suspects pending further investigation of a crash.

Originally posted at InjuryBoard by Wayne Parsons

Hawaii Wrongful Death Claim

Wayne Parsons — Wed, 07 Jan 2009 12:55:47 GMT

Wrongful death is always a tragedy and often the family comes into the office of an attorney with serious financial problems due to the loss of a loved one. Dealing with the huge emotional loss and the sadness is enough of a burden but paying bills and keeping current on the rent and mortgage and school tuition is often a frightening prospect to the emotionally overwhelmed family particularly if the wrongful death is of the major family wage earner. The Hawaii wrongful death attorney will explain wrongful death under Hawaii law and outline their rights under Hawaii law. Here is what they will learn.

A wrongful death occurs when someone is killed as a result of the negligent or reckless actions of another person. In situations where a person's actions are intended to harm or kill the victim, it will be considered wrongful death, and also may be a crime under the penal code. Driving under the influence of alcohol (DUI) is a crime and if the drunk driver kills someone the crime of manslaughter or negligent homicide may be pursued by the prosecutor.

A lawsuit for wrongful death can also be brought in civil court by the immediate family of the victim. Hawaii Revised Statutes §663-3 is the wrongful death law in Hawaii.

§663-3 Death by wrongful act. (a) When the death of a person is caused by the wrongful act, neglect, or default of any person, the deceased's legal representative, or any of the persons enumerated in subsection (b), may maintain an action against the person causing the death or against the person responsible for the death. The action shall be maintained on behalf of the persons enumerated in subsection (b), except that the legal representative may recover on behalf of the estate the reasonable expenses of the deceased's last illness and burial.

(b) In any action under this section, such damages may be given as under the circumstances shall be deemed fair and just compensation, with reference to the pecuniary injury and loss of love and affection, including:

(1) Loss of society, companionship, comfort, consortium, or protection;

(2) Loss of marital care, attention, advice, or counsel;

(3) Loss of care, attention, advice, or counsel of a reciprocal beneficiary as defined in chapter 572C;

(4) Loss of filial care or attention; or

(5) Loss of parental care, training, guidance, or education, suffered as a result of the death of the person;

by the surviving spouse, reciprocal beneficiary, children, father, mother, and by any person wholly or partly dependent upon the deceased person. The jury or court sitting without jury shall allocate the damages to the persons entitled thereto in its verdict or judgment, and any damages recovered under this section, except for reasonable expenses of last illness and burial, shall not constitute a part of the estate of the deceased. Any action brought under this section shall be commenced within two years from the date of death of the injured person, except as otherwise provided. [L 1923, c 245, §1; RL 1925, §2681; am L 1931, c 16, §1; am L 1933, c 139, §1; RL 1935, §4052; RL 1945, §10486; am L 1955, c 205, §1; RL 1955, §246-2; HRS §663-3; am L 1972, c 144, §2(c); am L 1997, c 383, §20]

The spouse and children, are allowed to file a wrongful death claim. Sometimes, this will be extended to include the parents of the victim, particularly in instances where the victim does not have a spouse or children. Brothers and sisters of the victim may be able to bring claims if they are dependent in some way on the victim or witnessed the event that caused the death.

Wrongful death claims can result from any incident where a person's death is caused by negligent or reckless behavior. These incidents can include:

Automobile accidents, Defective products, Boating Injuries, Surgical error, Medical malpractice,
Nursing home abuse, Construction accidents, Workplace accidents, Unsafe premises, Plane crashes.

In order to win a wrongful death lawsuit, you must be able to prove that the person accused of wrongful death had an obligation or duty to act in a certain way, and by failing to do so, caused the victim's death.

The burden of proof in wrongful death cases is a "preponderance of the evidence." This means you only have to show that it is more likely than not that the defendant's actions led to the death of your loved one. This is considerably less than the burden of proof in a criminal case, where you need to prove guilt "beyond a reasonable doubt."

Evidence needed to prove fault in a wrongful death case includes testimony from witnesses who saw the incident, wrote medical reports, engineering expert reports and police reports. In cases involving medical malpractice, boating accidents, defective products, vehicle safety, or construction site safety, you will also need testimony from an expert witness.

Generally, monetary damages are awarded to financially compensate the victim's family for their losses. Generally that means all of the injuries and losses that flow from the injury, illness and death. A precise list of the compensation requires a wrongful death attorney to fully understand the life of the victim.

The victim in a wrongful death suit is represented in the lawsuit by his or her estate. A legal action is filed to create that estate in the probate court. The estate of the deceased is able to make a claim for the future income that the victim would earn if they had lived. The estate also recovers money damages for the pain and suffering, emotional distress and other elements of "general damages" suffered by the victim before he or she died. In the case of an instant death their is often a very small amount of damages for pain and suffering and the other elements of general damages. Damages may be awarded for:

? Funeral expenses
? Medical expenses
? Pain and suffering
? Loss of companionship
? Loss of income
? Loss of inheritance
? Loss of benefits

General damages are defined in Hawaii Revised Statutes 663-8.5 and are explained in a real case situation in Ozaki v. AOAO of Discovery Bay:

"HRS ? 663-8.5(a) (Supp. 1992) provides that `noneconomic damages which are recoverable in tort actions include damages for pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and all other nonpecuniary losses or claims' (emphasis added)."⁽³⁵⁾ Id. (quoting HRS ? 663-8.5). The supreme court defined hedonic damages as "damages `for the loss of enjoyment of life, or for the value of life itself, as measured separately from the economic productive value that an injured or deceased person would have had.'" Id. at 284 n.2, 884 P.2d at 347 n.2 (quoting Black's Law Dictionary 391 (6th ed. 1990)).

Thus, had she survived, Cynthia would have had a cause of action for loss of enjoyment of life. Under HRS ? 663-7, Cynthia's claim survived her death and, hence, her estate should have been able to sue for such damages. To hold otherwise would permit one who is merely injured by a tortfeasor to recover damages for loss of enjoyment of life but prevent the estate of one who dies from his or her injuries from a similar recovery.⁽³⁶⁾

Thus, we conclude that with regard to Cynthia's estate, the court erred in precluding Plaintiffs' evidence of loss of enjoyment of life.

If the person's actions were intentionally meant to harm the victim, or if a crime was committed as in a DUI, punitive damages may be awarded as well. However most insurance companies generally do not insure for criminal behavior and specifically exclude payment of punitive damage awards. If the defendant is married and holds property as tenants by the entirety with their spouse, the property of the defendant can not be taken to pay an award of damages.

There is a time limit on filing a wrongful death claim, which in Hawaii is 2 years from the date of the injury that led to the death. In medical malpractice cases that time may be extended if the family does not learn of the negligence for some time. In cases against the government there are shorter time periods than 2 years and you will want to consult with your Hawaii wrongful death attorney to make sure that you meet all deadlines for bringing an administrative claim such as a Federal Tort Claim, or filing a lawsuit.

Originally posted at InjuryBoard by Wayne Parsons

Giving Antibiotics As Preventative Measure To Intensive Care Patients Reduces Deaths

Wayne Parsons — Mon, 05 Jan 2009 14:15:59 GMT

Giving antibiotics as a preventive measure to patients in intensive care units (ICUs) increases their chances of survival according to a study involving 6,000 Dutch patients in 13 hospitals. University Medical Center Utrecht (2009, January 4). Fewer Deaths With Preventive Antibiotic Use.

During the study, a team of researchers compared the effect of two kinds of antibiotic treatments with the standard ICU care. They divided into three groups nearly six thousand patients hospitalized in ICUs between 2004 and 2006. The patients in question were expected to be on a ventilator for at least two days and/or to be admitted to the ICU for at least three days. One of the groups received an oral antibiotic paste four times a day. The second group, in addition to being given the oral paste four times daily, received antibiotics through a gastric tube in the intestinal tract and by intravenous drip. The third group was the control group and received the standard ICU care.

Science Daily reports that after four weeks, fewer people had died in the groups that received antibiotics than in the control group. Preventive use of antibiotics reduced the number of deaths by 3.5 percent (oral antibiotic paste, and antibiotics in the intestinal tract and by intravenous drip) and 2.9 percent (oral antibiotic paste). The difference between the two groups treated with antibiotics was not significant. The number of antibiotic-resistant bacteria did not increase in these patients. Although the patients in the control group were in general slightly less sick, the statistical data were adjusted to reflect this.

The findings have settled a long-running debate on whether the advantages of using antibiotics as a preventive measure offset the drawback of the possibility of developing antibiotic resistance. For Dr. Anne Marie de Smet, anesthesiologist-intensivist at UMC Utrecht and the article's first author, the conclusion is clear.

In the Netherlands, every year more than 18,000 patients are hospitalized in ICUs for more than three days. "I believe we should revise the antibiotic policy for the ICU," says De Smet. "Because the study was conducted in thirteen Dutch hospitals, the conclusions can be implemented throughout the country. We have seen that using antibiotics clearly results in a reduction in the number of deaths, and ICUs should make use of this knowledge." The study was too short to be able to provide any insight into how resistance develops in the long term, and this will require further research.

Hawaii medical malpractice attorneys often see this issue arise with seriously ill or injured patients in the ICU. The problem is uniform across the country. Now the debate seems to have been resolved.

The study was supervised by UMC Utrecht, and set up by Dr. Anne Marie de Smet (UMC Utrecht), Professor Jan Kluytmans (Amphia Hospital in Breda and the Vrije Universiteit Medical Center in Amsterdam), and Professor Marc Bonten (UMC Utrecht).

Researchers at University Medical Center (UMC) Utrecht have published their findings in an article in The New England Journal of Medicine.

Originally posted at InjuryBoard by Wayne Parsons

Motorcycle Safety Education Gets Attention After Fatal Crashes

Wayne Parsons — Sat, 03 Jan 2009 14:37:48 GMT

Leland Kim of KHNL reports that "after three fatal motorcycle accidents in three days, the question turns to safety on our roads. Some motorcycle riders wonder if enough is being done to educate the public about motorcycle safety."

Four million Americans ride motorcycles. In the KHNL story Leland Kim interviewed Robert Carr a motorcyclist for 50 years who hates to see news stories like this one about a single motorcycle crash and a death in Honolulu:

"Every time I see this type of thing happen, it upsets me very much," said the 69-year-old Aiea resident. "We're working hard in the motorcycle community to lower our figures."

According to KHNL, Motorcycle fatalities represent about five percent of all highway fatalities in the United States, but only account for two percent of all registered vehicles.

Carr points out that more education of both motorcycle drivers and motorists is in order:

"We need to have more public service announcements to make automobile drivers aware that we're out there," said Carr, who moved to Hawaii from Grand Coulee Dam, Washington, in the 1980s. "And unfortunately we have to consistently pound that message."

As for speed, Carr had this to say for riders who get a thrill from going dangerously fast.

"Common sense, rules of the road, not trying to be some kind of a hero as painted by extreme sports on a motorcycle because they don't go together," said Carr.

Ultimately, Carr hopes more funding goes towards education.

"But if we can more of our highway dollars spent properly on motorcycle awareness and safety, maybe we can truly see these figures come down," he said.

For automobile drivers, Carr asks that they

"Look twice; the second time you may see the motorcycle," said Carr. "It's that type of thing. Look for us. Be aware that we are there and have a right to be there."

Hopefully the KHNL reporting and Carr's wise words will save lives in the future. Now as I head out today I'll remember to "look twice".

Originally posted at InjuryBoard by Wayne Parsons

Kamehameha IV Road Fatal Car Crash: 47 Year Old Passenger dies

Wayne Parsons — Sat, 03 Jan 2009 14:03:36 GMT

As reported earlier the New Year started off sadly in Honolulu for the family of a 46 year old woman who was pronounced dead at the scene of a single car accident on Likelike Highway near Kam IV Road. As you can see from the video report by Gary Sprinkle and Pamela Young of KITV, the accident scene was explanation in itself of the violence of the collision. Click here to watch the KITV video: http://www.kitv.com/video/18397398/index.html

Before the accident, a 23-year-old Honolulu man who was driving the car lost control. The car drifted off the right shoulder, hit a rock wall, and flipped several times before stopping in the far left lane, police said. Paramedics took the driver to the hospital in serious condition.

According to a report on KHNL TV the "woman who died in the crash on Likelike Highway four hours into 2009 has been identified. Patricia Kekoolani-Tully, 47, was a passenger in a car that veered off the roadway, ran up a rock wall and flipped several times."

Police say her son, Teariki Kekoolani-Tully, 23, was behind the wheel and was likely speeding, when he lost control of the car near Kamehameha IV Road. He went to the Queen's Medical Center in serious condition.

Originally posted at InjuryBoard by Wayne Parsons

Passenger Dies In Car Crash Early On January 1, 2009

Wayne Parsons — Fri, 02 Jan 2009 12:21:36 GMT

As the celebrations ended on New Years eve a 23-year-old man behind the wheel of a speeding sedan lost control of his car on Likelike Highway near Kamehameha IV Road. The car went off the road, onto the right shoulder, crashed into a rock wall and rolled over several times. The 46 year old passenger, whose identity was not immediately released, was killed.

As reported by Minna Sugimoto on KHNL News, a nearby resident said the crash sounded like a bomb:

"I was sleeping about 4 o'clock in the morning," Tracy Nakamoto, Kalihi resident, said. "And there was a mean crash.""Oh, it sounded just like one bomb," he said. "I mean, boom, boom, boom. Three times."

"I knew somebody must have died," Nakamoto said. "Because of the way that thing happened, the impact."

"It's pretty evident that speed was a factor," Lt. Darren Izumo, Honolulu Police Department, said. "We aren't sure if alcohol or drugs are involved."

Hopefully 2009 will have fewer traffic fatalities than 2008. This tragedy should be a wake-up call that "speed kills". Slow down so losses like this one don't needlessly take lives.

Originally posted at InjuryBoard by Wayne Parsons