February 22, 2012

Wrongful Death Lawsuit Filed Against State Of Hawaii

News reports that a wrongful death lawsuit has been filed against the State of Hawaii along with the nation’s largest private prison company. The civil claim alleges that the company’s “negligence, recklessness, and flagrant failure to protect” an inmate led to an environment that allowed other prisoners to stab the man, ultimately killing him.

A wrongful death complaint is a civil action that arises as the result of another person or entity’s wrongful conduct. Compensation may be recovered by the family of a victim in situations where the negligence or reckless conduct leads to the death of a loved one. Wrongful death lawsuits may be brought by the surviving family members, typically a spouse, children or parents. If you have lost a loved one as the result of the negligent conduct of another, speaking to a Hawaii wrongful death attorney is crucial to determine your rights and protect your interests.

Here the family of a 26-year-old man, Bronson Nunuha, has sued the Corrections Corporation of American, the State of Hawaii, the Department of Public Safety and several state officials as the result of the conditions at the southeast Phoenix prison that led to this tragedy. On February 18, 2010 Nunuha was housed in a cellblock with known gang members and was stabbed more than 140 times. The inmates distracted the only counselor on duty that day while they carried out the attack.

The complaint alleges a variety of actions that created a dangerous environment including the failure to adequately staff the cell block where Nunuha was housed, the mixing of convicts of every level of dangerousness including gang members with rival gang members and unaffiliated prisoners. The family asserts that the private prison “failed to follow basic common-sense correctional practices that would have prevents his brutal murder at the hands of the violent criminals surrounding him.” Additionally, the State of Hawaii, which had placed Nunuha in the Arizona prison for budget reasons, should have allowed Nunuha to return to Hawaii as of 2009. Pursuant to Hawaii law, prisoners may return from out-of-state prisons at least 1 year prior to their release date.

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November 21, 2011

Kailua Family Sues Federal Agent For Wrongful Death In Elderts v. Deedy

The family of a Kailua man killed by a federal agent at a Waikiki McDonalds has filed a wrongful death action against the agent, Christopher Deedy. The wrongful death complaint alleges that Deedy’s actions were malicious, grossly negligent and reckless when he “assaulted, battered and shot Kolin Ederts.”

A wrongful death complaint is a civil complaint based on the careless, reckless or negligent conduct of another that leads to someone’s death. A wrongful death action can occur in any personal injury situation and may be brought by the surviving members of a victim’s family. Generally this includes the parents, spouse and children of a victim. If you believe you have lost a love one due to the wrongful actions of another, it is important to consult with a Hawaii wrongful death attorney to determine your next steps. While no amount of money can make up for the death of a loved one, in certain circumstances, you may be able to recover compensation for medical expenses, funeral and burial costs, lost future earnings, as well as pain and suffering.

In the Waikiki incident, Deedy faces both criminal charges – he has been indicted on shooting charges – and the civil negligence lawsuit. The wrongful death suit alleged that Deedy “initiated violence against (Elderts) by kicking (Elderts) in the chest with a martial arts maneuver, knocking (Elderts) to the ground. The negligence complaint further alleges that Deedy “used excessive and undue force,” and was grossly negligent and reckless for “going drinking while armed with a loaded pistol.”

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November 13, 2011

Tragic Helicopter Accident Kills 5

The Hawaii Star Advertiser reports that five people died in a tragic Hawaii helicopter crash this past weekend. Two of the five were newlyweds from Pennsylvania celebrating their honeymoon on the Hawaiian island of Molokai. Two Canadians as well as a well-liked helicopter pilot lost their lives in the fiery crash. Sources indicate that a storm front quickly developed and its strong winds caught the tour helicopter, causing it to crash behind an elementary school. The helicopter burst into flames on impact. A witness to the accident noted that he heard the craft having trouble before it went down, stating that he "regularly heard helicopters going flying near his house, and the [helicopter] sounded nothing like those." "It was the weirdest sound I've ever heard. I thought it was gonna land in my backyard."

If you have been seriously injured in an accident, or lost a loved one in a tragic accident, it is important to consult with an experienced Hawaii personal injury attorney. Even if filing a lawsuit is the furthest thing from your mind after a devastating accident occurs, a knowledgeable Hawaii accident law firm can provide you with crucial information concerning your next steps, and can answer your personal injury questions.

Although from initial reports it appears that weather was a significant factor in causing the accident, when sightseeing tour accidents occur it is important to investigate all potential causes. For example, some common questions include: Was the helicopter properly maintained? Did a manufacturing defect exist? and Did pilot error contribute to the incident? Further, even where passengers have signed a waiver accepting certain risks, under certain circumstances families may be able to recover compensation for a wrongful death.

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October 3, 2011

Kahului Man Charged With Simple Negligence In Fatal Pedestrian Accident

The Maui News reports that a 69-year-old tour bus driver from Kahului has been sentenced to one year probation and a $500 fine as the result of a fatal pedestrian accident. Harold Goshi was driving a tour bus at the intersection of Honoapiilani Highway and Kai Ala Drive in Kaanapali. He allegedly made a left turn and hit two elderly pedestrians crossing the street in a crosswalk. One of the pedestrians, Leo Nekus, was fatally injured and died several days later.

In personal injury cases that cost the life of the victim, the surviving family members can file a wrongful death action against the responsible party. In certain instances, criminal penalties as well as civil actions may arise where a wrongful death occurs.

While no amount of money can make up for the death of a loved one, filing a fair claim may be helpful to cover the financial costs associated with the tragedy, including medical expenses, burial and funeral costs. You may even be able to recover compensation for pain and suffering.

It’s important to speak to a Hawaii personal injury lawyer immediately in the event of a loss. A wrongful death attorney can provide you the support, advice and representation you need during this difficult time.

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September 25, 2011

Hawaii Zip line Accident Raises Questions Of Safety

The tragic zip lining accident that occurred this past week raises questions of safety standards surrounding these popular attractions. The accident occurred during a test run of the zip line, when the tower on one end collapsed, causing a worker on the line to fall 200 feet to his death and critically injuring another worker.

News reports that both men were working on the zip line north of Hilo on the Big Island after KapohoKine Adventures, the operator of the attraction, received complaints that the line was too slow. The men were working for Experimental Resources, a company that has built zip lines all across the country.

This accident raises several questions of safety, including what policy and procedures were in place to protect against such accidents. If you have been injured in an accident or a loved one has suffered a wrongful death, it is important to contact an experienced Hawaii personal injury lawyer to protect your rights and begin investigating the causes of the accident and who may be responsible. Where the negligence of another party causes harm, you may be able to recover compensation. In situation where another’s recklessness or carelessness leads to a death, the survivors may be able to file a wrongful death action.

According to KITV 4 New, zip line operations do not have the same work place safety regulations like other Hawaii amusement rides. A president of the company noted, “there are many steps and precautions taken before sending a human on a test run” and added that he was not sure if all steps were taken.

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April 7, 2011

State Of Hawaii Responsible In Wrongful Death Of Two Hikers

Hawaii Circuit Court Judge Kathleen Watanabe has just ruled that the State of Hawaii caused the wrongful death of two women who fell down a cliff in Kauai park. Elizabeth Brem and Paula Ramirez fell in the same place as a teenage hiker who nearly died six months before.

A wrongful death lawsuit can arise from any personal injury accident where a person dies as the result of another’s negligent or wrongful conduct. In such cases, the person or entity may be held liable for its actions. Here, the State of Hawaii was negligent in failing to adequately warn of an unreasonably dangerous condition in one of its state parks.

Specifically, the court determined that the state failed “to protect or warm Elizabeth Brem and Paula Ramirez against the extreme and hidden dangers it knew existed…” and that the state’s failure to exercise reasonable care to protect the public was the legal cause of the womens’ deaths.

A spokesperson for the Brem family noted, “we hope Watanabe’s ruling may help to prevent ‘future injuries and deaths in Hawaii state parks.’”

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