Honolulu Personal Injury Lawyer - Personal Injury

Emily Midgley Dies in Big Island Hay Ride on Halloween

Wayne Parsons — Mon, 02 Nov 2009 11:47:22 GMT

The Star Bulletin story "Halloween hay ride proves fatal to Big Isle girl, 7" reports that Emily Midgley of Hawaiian Ocean View Estates jumped off of a trailer at the end of a hay ride and was run over by the trailer.

The hay ride was a church event held on Halloween by the Evangelical Community Church.

At 7:08 p.m. Saturday, police said, a 48-year-old Hawaiian Ocean View Estates man was operating a 1998 Dodge pickup with a trailer hitched to the truck. A number of passengers including Midgley were on the hay ride.

As the truck was coming to a stop at the end of the hay ride in the parking lot of Ocean View Evangelical Community Church, Midgley jumped off the trailer and was run over, police said.

Midgley was taken to the Kona Community Hospital, where she was pronounced dead.

I have written about trailer incidents in the past and noted that few states have any laws or regulation affecting trailer safety or use of trailers. There is an organization that promotes safety and injury prevention of trailers named DangerousTrialers.org, that proposes laws and regulations that may prevent trailer injury or death. I support those efforts and will encourage Hawaii legislators to look into this subject when they convene in January 2010.

From the facts reported about the tragic death of little Emily Midgley it is not clear if any trailer safety issues were involved. Our thoughts and prayers go out to the family and friends of this little girl.

Originally posted at InjuryBoard by Wayne Parsons

Micronesian Crewman Killed in Boat Fire on M/V Manaloa at Pier 38

Wayne Parsons — Mon, 19 Oct 2009 05:44:34 GMT

The Manaloa, a 75-foot fishing vessel had just returned from 30 days at sea with 20,000 pounds of Ahi in the hold. The crew had gone ashore to rest and one crew member was on the Manaloa when a fire started at about 10 P.M. Saturday night near at Pier 38 according to a report in the Honolulu Advertiser. The lone crew member aboard had been drinking according to news reports and a propane stove was found near the wheel well area. It appears that he had attempted to cook some food. The investigation is continuing.

According to KHON TV News, the Manaloa fishing vessel, returned home with approximately 20,000 pounds of fish after spending several weeks at sea.

According to Honolulu Fire Department Capt. Earle Kealoha:

At about 10:15 last night, fire units responded to a report of a fire on a boat docked at Pier 38. The fire took a little more than 15 minutes to contain. It appears to have started in the crew living quarters area behind the wheelhouse of a 75-foot commercial Police initially did not find the lone crew member on the boat. They learned after putting out the fire that someone else may boat and returned to the boat where they found the body of a Micronesian man in his 30s in an auxiliary space below the wheelhouse and just forward of the engine room. Firefighters brought the man's body up onto the pier.

According to fire officials, some of the crew members went out to drink, and later one of 'em decided to go back to the boat to cook something.

"He's drink, inside broke window, go inside, and cooking, sleeping, blow up," said Seok Kim, the Captain's friend.

Witness, Lonne Fiero said, "I saw smoke and the fire engines were already here hooking up their water trying to put it out."

"Shortly after arrival we had reports that there might have been someone still aboard the ship. After the fire was contained our crews did go down to the lower sections of the vessel and we did find a male approximately in his 30's," said HFD Captain Earle Kealoha. "This was the only individual aboard the boat."

The KITV News Video shows the charred structure of the boat.

It is unknown who the Micronesian crew member was or whether he had any family here to look out for his affairs and investigate a Jones Act claim that could benefit his family back home. I believe he may be from Ponape. If his negligence was the sole cause of his death then his family may not want to pursue a claim but someone should investigate the matter for the family to determine what happened and explain the law to them. Since the crew member is dead, he can't tell us what happened or defend himself if others say he was at fault. If he has a family back in Micronesia, they may be entitled to compensation under The Jones Act.

Originally posted at InjuryBoard by Wayne Parsons

Insurance Reform Now!!

Wayne Parsons — Sat, 17 Oct 2009 13:29:09 GMT

The most important consumer legislation in the last 50 years is presently moving in Congress with Senator Patrick Leahy, VT. leading the way. Senator Leahy Submits Legislation For Insurance Reform - Wayne Parsons - October 16, 2009. The insurance industry is the most political, and many say the most politically corrupt, industry in the U.S. Congress is generally afraid of the insurance industry because they will pour unlimited funds into the next election to get rid of any elected official that dares cross them. Its all about money. Their motto?

We accept your premiums and deny your claims!

Senator Leahy has courage and he cares. We all must support him vocally in the battle that is about to happen as he takes on Big Insurance. Both President Clinton and President Obama ran for President with a promise to take on the insurance industry. President Clinton never got to first base on that vow and President Obama appears to be caving in to the pressure and making back room deals with Big Insurnace and the insurance lobby led by the U.S. Chamber of Commerce and Karl Rove.

I was reminiscing about a similar battle years ago in California when Harvey Rosenfield took a grassroots initiative battle into the board rooms of the insurance companies in California. Prop 103 passed because Rosenfield asked the California voters what they thought about the insurance industry and their answer was loud and clear: stop insurance abuse and enact insurance reform!

Please support Senator Leahy and be vocal about insurance industry reform. Without vocal public participation the fat cats and robber barons will win the day.

Originally posted at InjuryBoard by Wayne Parsons

Senator Leahy Submits Legislation For Insurance Reform -

Wayne Parsons — Fri, 16 Oct 2009 12:20:58 GMT

In spite of all the hem-hawing and confusion surrounding American health care reform, one senator is taking initiative.

Senator Patrick Leahy, of Vermont, has recently introduced the Health Insurance Industry Antitrust Enforcement Act into Congress, which would eliminate current antitrust exemptions for the insurance industry, thereby making them function like almost every other business in America. Since 1945, health insurance companies have been exempt from anti-trust regulations, which has shielded them from many of the same free-market factors that affect other businesses in our country. According to Leahy,

The two key provisions of the Health Insurance Industry Antitrust Enforcement Act will repeal the federal antitrust exemption for health insurance and medical malpractice insurance companies for flagrant antitrust violations, including price-fixing, bid rigging, and market allocations, and subject health insurers and medical malpractice insurers to the same good-competition laws that apply to virtually every other company doing business in the United States.

This reform would greatly help the American people, since it would subject health insurance companies to the same effects of competition and good business that affect the rest of our country's economy. Since they would no longer be protected for mistreating their customers, they would have to compete to offer better service, which would lead to better health care coverage for average Americans who are now paying exorbitant premiums and being dropped by insurance companies at the first sign of physical ailment.

The Washington Independent quotes Robert Hunter one of the great commentators on the insurance industry:

... Robert Hunter, Director of Insurance for the Consumer Federation of America and former Federal Insurance Administrator under Presidents Ford and Carter, saw it differently. In his view, the antitrust exemption, intended initially to be temporary but made permanent during closed-door conference committee sessions of Congress more than 50 years ago, must be repealed to overcome the insurance industry’s anticompetitive practices that have led to higher prices and reduced services. “It is high time that insurers played by the same rules of competition as virtually all other commercial enterprises operating in America‘s economy,” he testified.

According to Hunter, health insurance companies have been able to consistently pay less on claims by agreeing to lower the amounts they reimburse doctors and hospitals for services; adopting similar clauses in their contracts that limit their liability in unfair and abusive ways; agreeing to cut back coverage to certain places, and using similar claims processing systems designed to systematically underpay claims.

As Hunter testified, federal authorities have recommended eliminating or cutting back the antitrust exemption for health insurers and medical malpractice insurers on at least four different occasions after studying it. But Congress has never taken that step, presumably due to the power of the insurance industry lobby.

With the soaring cost of health care now in the spotlight, this may finally be the right time.

As reported by The Pop Tort one of the best consumer Blogs that I follow, the upcoming battle with Big Insurance should be entertaining:

Attention all doctors who complain about the cost of insurance rates! An important hearing is being held right now by the U.S. Senate Judiciary Committee that concerns two new bills that could ultimately eliminate your concerns in a heartbeat. The bills would repeal the anti-trust exemption under the McCarran-Ferguson Act, which makes insurance purveyors the only industry in America (other than Major League Baseball) exempt from federal anti-trust laws that prevent collusion and price-fixing.

The hearing, which is being carried live on the web at 10AM from the Dirksen Office Building (Rm 226), has been given the snappy title, “Prohibiting Price Fixing and Other Anticompetitive Conduct in the Health Insurance Industry,” and there’s an impressive line-up of witnesses, including Senate Majority leader Harry Reid (D-NV), and our friend and colleague, J. Robert Hunter, who is Director of Insurance of the Consumer Federation of America (CFA), former Commissioner of Insurance for the State of Texas, former Federal Insurance Administrator under Presidents Carter and Ford, and a co-author of several studies by the Americans for Insurance Reform (AIR), including the most recent one, True Risk: Medical Liability, Malpractice Insurance and Health Care.

If you are an American who loves the free-market system, do not sit by and let a company that is in charge of your health operate in a way that abuses your rights. Contact your local representative and tell them you support this bill.

Originally posted at InjuryBoard by Wayne Parsons

Why Did Kenneth Richard Owens' Parachute Fail To Open?

Wayne Parsons — Wed, 14 Oct 2009 05:27:55 GMT

In a tragic story, Kenneth Richard Owens is dead today after his parachute failed to open during a sky dive on the North Shore Monday. Owens, a 27-year-old Pearl Harbor-based Navy diver, was set to deploy today and so this was a last bit of fun before he left to defend the country. I cannot imagine there grief and shock family is going through. All of these soldiers are true hero's for defending the country and when a death occurs in a domestic situation like this it is shocking and doesn't seem fair to me. Last year I represented the family of Ethan Ranz, a war hero from Fertile, Minnesota after he was killed by a drunk driver, 5 days before his discharge and return to his parents home. I cannot imagine a sadder situation. In a small way have seen what the Owens family is going through and I know that there are no easy answers for them.

According to the Star Bulletin story, by Gary T. Kubota and Leila Fujimori Owens had made dozens of jumps since August 2008. He fell 13,000 feet without his parachute opening and was found in Mokuleia.

Owens is believed to be married and have a child. He is from West Chatham, Massachusetts and his parents are David and Mary Owens of West Chatham. Our condolences go out to the family.

The FAA is investigating the circumstances surrounding the accident. According to the Honolulu Star Bulletin investigation:

Owens was in a four-person formation when his main parachute failed to open due to what Hinshaw said was a packing error. "He had a high-speed malfunction, but he should have responded by opening up his reserve."

Hinshaw said Owens was sports-jumping with three others and was on his third jump of the day.

Owens landed in a pond on Dillingham Ranch, authorities said. Skydive Hawaii employees pulled Owens from the pond about five minutes later.

The other three divers landed safely at Dillingham Airfield and gave reports to police, Hinshaw said.

The call came into the Fire Department at 12:27 p.m., and police and fire officials got to the scene quickly and began resuscitation efforts. Owens wa then taken by ambulance to Wahiawa General Hospital.

Owens had 85 to 95 jumps according Skydive Hawaii:

"I remember I congratulated him when he graduated his student program," around September 2008, and he had started sky-diving in August 2008, he said.

"He was a together guy," Hinshaw said. "He seemed to have his wits about him and command over all his facilities. He's a nice, pleasant guy."

"Skydive Hawaii regrets the loss of his life and mourns the loss with his family and friends. ... He had so much potential," Hinshaw said.

Owens packed his own parachute but carried a reserve parachute that was packed by a professional rigger, Hinshaw said.

"It's rare that someone would have a total malfunction and not deploy their reserve parachute," he said.

Hinshaw understands why Owens used his last day before shipping out to go sky-diving. "The people that kind of get addicted to sky diving, you want the adrenaline, where sky diving does give you the adrenaline," he said. "It's something that's very enjoyable.

"He was a wonderful young man," he said. "He was just enjoying life."

The statistics show that injury or death in skydiving is rare. It is actually a pretty safe sport according to the book "Jump! Make Your First Skydive Fun and Easy" by Tom Buchanan:

USPA data for 2000 shows that there were 32 fatalities, and there were 34,217 members of the organization that year. Using these figures defines a fatality rate of 1 per 1,069 members. The fatality numbers will vary significantly from year to year, but a ten year average of data collected between 1991 and 2000 shows one skydiving death was recorded for every 903 members. USPA single year data also show that members made an estimated 2,244,165 jumps in the year 2000, presenting a fatality rate of one death for each 70,130 skydives that year.

The President of Skydive Hawaii, talking to KGMG television news speculated that the problem may be from Owens packing his parachute:

"He did have a good amount of knowledge of sky-diving, he packed his own chute, he was certified to jump by himself," said Frank Hinshaw of Skydive Hawaii.

The 27-year-old and three friends had gone up with Skydive Hawaii, a company Owens first jumped with last year. Hinshaw says Owens used his own chute and packed it himself. Everything was fine during the group's first two jumps earlier in the day, but the third jump ended in tragedy.

The FAA and police are investigating but Hinshaw speculates the chute may not have been packed properly.

"He made a problem in his packing procedure and probably didn't close main parachute properly," Hinshaw guessed.

A skydiving expert tells us a jumper is taught to aim for water if half of the parachute malfunctions, but the water didn't cushion Owens' fall; his main and reserve parachutes failed to deploy

Something doesn't add up for me. Owens was plenty experienced and, I think, unlikely to screw up packing his parachute. I wonder who owned the parachute and whether if may have been defective. First the FAA will investigate and they we can look more closely at the situation. Anyone with information is welcome to Comment.

Originally posted at InjuryBoard by Wayne Parsons

Separate Wahiawa And Kunia Motorcycle Crashes Leave One Dead And One Critical

Wayne Parsons — Wed, 14 Oct 2009 04:22:31 GMT

The motorcycle was headed toward Haleiwa at about 1:15 p.m., just past Wahiawa, when it crossed the centerline on a curve on Kaukonahua Road and crashed into an oncoming car one mile past Wilikina Drive.

Going to Haleiwa ia always a beautiful way to spend the day but something went terribly wrong for the 29-year-old motorcycle driver. Whether it was speed, a problem with the motorcycle or inattention is not yet known. What is known is the deaths and serious injury on motorcycles continues to rise on Oahu this year. I have written several times this year on the subject of why motorcycles crash. Federal Highway Administration Studies Cause Of Motorcycle Crashes by Wayne Parsons, October 10, 2009 According to the Honolulu Star Bulletin News story:

Police said the motorcyclist was Haleiwa-bound at 1:13 p.m. when he failed to negotiate a bend in Kaukonahua Road and smashed into an oncoming car about a mile past Wilikina Drive. The man died at the scene. Police said he was wearing a helmet.

The other vehicle was a Chrysler sedan with 4 people in it and it was being driven by a 24-year-old woman. No one in the sedan was physically injured but you can imagine that a collision like this would leave permanent mental scars.

We have now had 42 deaths in traffic accidents on Oahu this year compared to 36 at this time last year. Why is that? Is it speed? Traffic? On the day of the Kaukonahua Road crash, another motorcyclist crashed in Kunia and was in critical condition last night. The second motorcycle accident happened at about 8 p.m. on Kunia Road near Kupuna Loop according to police. The motorcyclist is his late 50s and was taken to Hawaii Medical Center West.

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The reasons for these incidents is under investigation. If you know anything about the incidents please let us know.

Originally posted at InjuryBoard by Wayne Parsons

Injured Tourist Airlifted from Hanakapiai Beach On Kauai

Wayne Parsons — Sat, 10 Oct 2009 12:16:11 GMT

Hiking to remote beaches can be risky as a 52-year-old Canadian tourist learned this week. After injuring his legs at Hanakapiai Beach on Kauai, KITV reports that a tourist was rescued and airlifted out by Kauai Rescue. Firefighters, paramedics and a life guard joined in the rescue. The rescue took place on Thursday afternoon.

The injured man was 52 and from Vancouver, Canada. His injuries prevented him from walking out on his own. That trail is not an easy one to navigate. Particularly when it is wet.

Emergency crews treated the man and airlifted him to Princeville Airport, where medics took him to Wilcox Memorial Hospital.

Originally posted at InjuryBoard by Wayne Parsons

Three Young Men Die in Waihee Single Car Car Crash

Wayne Parsons — Sat, 10 Oct 2009 11:58:28 GMT

A Maui family struggles to cope with the triple loss of two brothers and their cousin accoirding to a report from the Star Bulletin by Wendy Osher on 07 October 2009.

The two brothers and their cousin died when their car crashed against a tree and rolled over in Waihee on September 30th. They will be buried side by side this weekend at a small cemetery in Keanae, Maui.

COURTESY KANA AND NATHAM FAMILIES

Tyson Latham, left, his cousin Na'ilima Kana, in front of him, and Na'ilima's brother Jared Kalamaku Kana were great young men with promising lives and many loving friends and family. Na'ilima, the driver, died at the scene; his brother and cousin died within a few days.

According to the Star Bulletin story, their families say that although they lived in Central Maui, they remained rooted in their Hawaiian culture and their ancestral ties to the rural taro farming community of Keanae in East Maui.

"For our family it is devastating," said cousin Oralani Koa. "The hardest part is they are all so young, they were all good boys, they were all raised right and they were all very respectful. And all three never really knew the impact they had on so many people," she said.

The young men had gone out to dinner Wednesday night at the Asian Cuisine restaurant in Kahului, where they often went for discount sushi. On their way home to the Kana residence in Waihee, their vehicle swerved out of control and overturned, coming to rest against a tree on Kahekili Highway. The accident occurred shortly after 10:30 p.m., just one driveway away from their intended destination. None was wearing a seat belt, according to police.

"Passing that spot every day is a constant reminder of their loss," said Latham's aunt Liliana Koa. "It's still very hard for the family to talk about."

Although police think that speed was a factor in the crash the boys were responsible and not reckless. The testimonials show that Maui has suffered a tragic loss:

"They wouldn't drive recklessly or crazy," said Ashley Rosa, Latham's cousin and classmate. "It shocks me that it happened. I've always trusted them and never felt like my life was in danger when I was with them."

The two older boys "were like two peas in a pod," said Veralyn "Sissy" Frame of her son Tyson and his cousin Na'ilima. "They fought yet they loved and agreed to disagree because they were alike in so many ways."

"They were always trying to get the last word in," said Rosa. "If Tyson said, 'Oh, my God,' Na'ilima would come back and say, 'My God,' too."

They were also both conscientious and caring when it came to family, Rosa said. "They wouldn't just drop me off. They would get out of their car and walk me to the front door to make sure I was safely inside before leaving," she added.

"They never knew that by doing those kinds of things, they would touch so many people," said Koa.

Na'ilima Kana, who was driving the car, a 2004 Mazda sedan, died at the scene. He was a Kamehameha Schools Maui graduate and worked as an editor at AKAKU: Maui Community Television.

Jay April, AKAKU president and chief executive officer, called him "a bright light" with a "winning smile and dancing eyes."

"We always appreciated his soft, gentle reminders on how to pronounce Hawaiian words correctly, and his enormous talent as an editor of our Maui Daily program far exceeded his years," April said on the station's Web site.

"He was very responsible, always on time, very akamai (smart), independent, organized and a very good father," said Leinani Kana, Na'ilima's mother.

Na'ilima is survived by a 1-year-old daughter, Kahali'aoku'uhaola Emma Kana-Yarborough, who celebrated her birthday just one week before the accident. Her first name is translated as "the remembrance of my everlasting breath."

Na'ilima's younger brother, Kalamaku, who was in the back seat, survived four days in critical condition before dying on Sunday.

"Kalamaku was a simple person who didn't ask for much and was content with what he had," said his mom.

From working the taro patches to playing his acoustic bass guitar and strategizing at card games, Kalamaku was a hands-on person with a good sense of humor, his family says.

"From the bottom up, he helped build our home," said his father, Jacob Kana. "That's why it's so hard, because he's everywhere."

The Kana brothers had gone to Hawaiian immersion school through the eighth grade, but Kalamaku continued the cultural program through high school and was expected to graduate in the spring as one of 10 members of the 10th Kula Kaiapuni o Maui graduating class at King Kekaulike High School.

Since Wednesday, friends and family have been visiting the hospital and the homes of the two families, offering support and comfort. "They cook for us, pray for us; without them we cannot go through this," said Latham.

Tyson Latham is also survived by older sister Jana Frame of Hana and grandparents Ora Souza Latham and Verlin "Bill" and Kiele Ka'auamo Frame.

Services for the Kana brothers and Latham will be held Friday at St. Anthony Church in Wailuku. Visitation is from 3 to 9 p.m. with a service at 6:30 p.m. A separate viewing will be held from 9 a.m. to 12:30 p.m. Saturday at the Camp Keanae YMCA gym, with burial to follow at St. Gabriel Church cemetery in Keanae.

Originally posted at InjuryBoard by Wayne Parsons

Propane Tanker Truck Rolls Over On Malakole Street In Campbell Industrial Park - Driver Hurt.

Wayne Parsons — Sat, 10 Oct 2009 10:04:33 GMT

Yesterday I blogged about a KITV News story about a gas comapny propane truck mysteriously turning over in Campbell Industrial Park. Initial reports didn't make sense. Neither did my article. Now I have

The propane truck, owned by the Gas Company, and shown above, collided with a dump truck and overturned. The dump truck was exiting an asphalt company on Malakole Street near Hanua Street at about 1:15 p.m., said Honolulu fire Capt. Terry Seelig. Firefighters sealed off the area and confirmed no propane was released.

Seelig said the propane truck driver was treated for injuries that were not critical. He added that a wrecker company righted the propane truck, and the road was reopened.

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Paramedics treated the driver and took him to a nearby hospital for further medical care.

Four Campbell Industrial Park businesses were evacuated yesterday after the 1:15 p.m. incident, said Honolulu fire Capt. Terry Seelig. Firefighters isolated the area and confirmed no propane was released. The Gas Company employee driving the propane truck wass treated for injuries that were not critical.

If you know more about this incident please contact my office.

Originally posted at InjuryBoard by Wayne Parsons

Car Hits 2 Kids On Liliha Street - Did You See It?

Wayne Parsons — Fri, 09 Oct 2009 04:58:24 GMT

Parents always worry about this call: "your son and daughter are at the hospital after being hit by a car". That is what happened this morning according to the Star Bulletin report.

Two young pre-teen children were taken to the hospital in serious condition after being struck by a car in Liliha this morning. The incident happened near 1739 Liliha Street shortly before 8 a.m. On October 8th.

A representative of the Emergency Services Department, Bryan Cheplic, said that paramedics were able to stabilize both kids and then transported them to a trauma center

We pray that the kids are okay and that the police will figure out how it happened.

No one should interview the kids other than the police and the doctors and nurses. If an insurance adjuster calls, the family should read this article before allowing any interviews or statements:

Do only dishonest people refuse to give a recorded statement? - Steve Lombardi, October 06, 2009.

In most automobile accident cases, key witnesses disappear and never tell the police what they saw or heard. If you saw this accident please call HPD and tell the police what you saw.

Do you understand why people won't talk to the police about injury accidents?

Originally posted at InjuryBoard by Wayne Parsons