Honolulu Personal Injury Lawyer - Wrongful Death

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

Keahihoku K.P. Lum of Honolulu Struck And Killed By Boat In Maunalua Bay

Wayne Parsons — Wed, 07 Oct 2009 07:44:00 GMT

An investigation by the state Department of Land and Natural Resources (DLNR) along with the Coast Guard is underway into an ocean boating death at maunalua Bay on Sunday, 4 October 2009. The victim, Keahihoku K.P. Lum of Honolulu, was in the water diving when the boat struck him shortly before 1 P.M. The boy was a senior at Farrington High School.

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The Medical Examiner identified trauma to Keahihoku's chest and stomach from a boat propeller. Most boats have propeller guards to protect against this type of tragedy. The Propeller Guard Information Center has a wealth of information on propeller guards. The site includes references to support groups for families like the Lum's.

Memorial Sites to Propeller Accident Victims

Survivor Advocacy in General

Other Links Related to Propeller Safety

Although the death is labeled as an accident it is certainly being looked at carefully by the investigators as it should be. One mus hope that they look closely at why the propeller guard was not shielded. If anyone has information about this incident thy should come forward to the Coast Guard, the DNLR or post a Comment below.

My thoughts go out to the Lum family.

Originally posted at InjuryBoard by Wayne Parsons

Heart Attack Slide Show

Wayne Parsons — Sun, 30 Aug 2009 03:44:25 GMT

Its Saturday and I am thinking about which of my weekend chores to take on first. Then I started thinking about people out in their yards and around the house doing the weekend chores and the fact that some will die of a heart attack today came to mind. Sorry, but I have spent 30 years representing people who get hurt or are sick and I have seen too many situations where a person died who didn't need to die.

Injury and death prevention is important to the entire family at Injury Board. Here in Honolulu it is 7:45 AM. I hope someone will watch the slide show I have put here and avoid a tragedy.

HEART ATTACK SLIDE SHOW WORTH 45 SECONDS OF YOUR LIFE - NOT A JOKE!

Originally posted at InjuryBoard by Wayne Parsons

Andra Kimp Sentenced to 20 Years For Dui Death On Oahu in 2003

Wayne Parsons — Tue, 25 Aug 2009 08:21:00 GMT

Minna Sugimoto (bio | email) of KHNL TV News covered the Court story in Honolulu of Andra Kimp who is now behind bars serving 20 years for a 2003 DUI crash that killed his passenger.

The deadly crash on the H-1 Freeway resulted in a one year jail term for Kimp. But that was not enough to deter his high risk behavior and his penchant for booze. But the judge refused, saying he can't take that chance with the publics' safety.

Only 4 months after getting out of jail Kimp was arrested in Virginia with a 0.31 blood alcohol (BAC). The limit is 0.08 so Kimp was almost 4 times over the legal limit.

"Released on probation with the condition that he not drink and he not drive, he was apprehended with almost four times the legal limit," Arkie Koehl, Mothers Against Drunk Driving Hawaii, said. "It's a slap in the face."

Judge Richard Pollack threw the book at Kimp and re-sentenced the former Schofield Barracks soldier to 20 years in prison, and denied Kemp's plea for reconsideration and leniency:

"I was trying to change my life and everything, your honor, and if I could have another chance, I know I'll be a better person," the convicted drunken driver said.

Am I the only one who is thinking "Give me a break!"? Obviously Judge Pollack didn't buy this lame plea.

MADD supports Judge Pollack's ruling:

"I'm sure that the judge was chagrined, as I'm sure we all were that this happened, and wasn't going to let it happen again," Koehl said.

Kimp needs AA and now he will have time to look at himself without having a beer in his hand. He has an excellent military record, has no prior convictions, and is a father to two young children. Alcoholism doesn't just take over the lives of failed people. bank presidents, attorneys and soldiers can all become addicted. There is help at Alcoholics Anonymous and that help is free and lasts a lifetime. Maybe Kimp will find his way to AA now. Unfortunately he cannot bring back the life of the person he killed.

Originally posted at InjuryBoard by Wayne Parsons

Death Of A Child In Hawaii

Wayne Parsons — Mon, 24 Aug 2009 20:05:00 GMT

Hawaii like most states witnesses teenage death and serious injury most frequently because of suicide and car crashes. A new study shows that Hawaii _ which used to be the safest place for Keiki is now not so safe for kids. When I first came to the Islands in 1967 I was blown away by the Keiki - kids. The recent Star Bulletin story by Kaylee Noborikawa will break hearts across the State of Hawaii. Nothing matters more in the Islands than the safety of the kids!

In 2006 and 2007 kids death rates increased significantly according to the new Kids Count study. If you want the total picture, go to the Kids Count Data Center.

The teen death rate rose to 57 per 100,000 teens (ages 15-19) in 2006, compared with a rate of 37 a year earlier -- resulting in Hawaii losing the best ranking, according to the Kids Count report released yesterday by the Ann E. Casey Foundation. The number of deaths per 100,000 children (ages 1-14) increased in 2006 by 31 percent to 21 deaths from 16 deaths per 100,000 children in 2005.

Loretta Fuddy, state Family Health Services Division chief, said the leading cause of death for teens in Hawaii is traffic accidents, followed by suicide. For children, the primary cause of death is related to conditions at birth, but motor vehicle deaths rank fourth.

"It's a growing concern for Hawaii as we see more reports of motor vehicle incidents related to speeding, use of substances while driving, and young children that are not using appropriate seat belt restraints," Fuddy said.

Hawaii went from #1 for lowest teen death rate in 2004 and 2005, to #13 in the latest Kids Count report.

The 20th annual data book compared statistics from 2007 to measure children's welfare across the nation. Hawaii's overall ranking dropped to 18th, compared with 13th in 2006.

The study showed that the teen birthrate in Hawaii increased in 2006 to 41 from 36 in 2005 for every 1,000 births by 15-to-19-year-olds.

"I think we need to support teens in making healthy life choices and be prepared before they make the choice to engage in sexual activity," said Fuddy.

Hawaii improved in five indicators since last year's study and ranked in the top 10 in four categories.

The state placed second in the nation for lowest percentage of children in poverty, defined as a four-member family with an income below $21,027.

But Sylvia Yuen, the Hawaii Kids Count coordinator and director of Center on the Family, said the Kids Count percentage is "really, really understated." A family of four in Hawaii would need $57,893 to cover bare minimum expenses, she said, citing research from Center on the Family.

"The data is accurate in the sense they used federal poverty guidelines, but the cost of living is higher in Hawaii," Yuen added.

The state placed third for high school dropouts (ages 16-19) at 4 percent in 2007, compared with a national average of 7 percent. Hawaii also placed 10th for infant mortality rate and percentage of children in single-parent families.

Other indicators that improved include the percent of low birth-weight babies and the number of children living in families where no parent has full-time, year-round employment, which includes children living with a single parent or neither parent. Children under 18 fall into this category if the parent they live with worked less than 35 hours a week and less than 50 weeks in the prior year.

"I think that we're doing pretty good, but we really should aim higher. We should be No. 1 in terms of providing the kind of supporting environment and nurturing that our keiki deserve," Yuen said.

New Hampshire, Minnesota and Utah ranked in the top three of the report, while Alabama, Louisiana and Mississippi placed last on the list.

Originally posted at InjuryBoard by Wayne Parsons

Scuba Diving And Snorkeling In Hawaii Are Wonderful Ocean Activities But Can Be Dangerous

Wayne Parsons — Fri, 21 Aug 2009 14:20:22 GMT

Resorts around the world offer ocean activities that often include snorkeling and SCUBA diving. Fish can breathe underwater. People can't do that. Birds can fly. Okay, you get the picture.

There is something amazing about SCUBA diving and snorkeling. It’s a feeling and experience that cannot be replicated in any other activity because effectively, the participant is breathing underwater.

Snorkelers experience the fun of breathing in an underwater world while maintaining their link to the surface whereas SCUBA diver takes it to the next level and leaves their link to the surface behind, often diving to depths of up to 100 feet. SCUBA divers are required to be certified to dive in open water of any type and the major governing and certifying board of divers is PADI, the Professional Association of Diving Instructors. Despite the fact that snorkelers remain near the surface and SCUBA divers have to be certified, both share risks. Injury or death can occur if you don't follow the rules.

Snorkelers may think that they are safer than divers because they are staying at the surface, but accidents and injuries may occur to them despite this. Snorkelers are still entering an environment which is alien to a land-living human being and it contains hazardous conditions, both natural and man made and wildlife which may present a danger to any snorkeler, even an experienced one. The most common injuries which strike snorkelers are bites, stings and trauma from collisions usually with rocks, reefs or even boats. There is also always the risk of drowning during any water activity and with snorkeling, it is usually the result of either bad weather conditions making for rough seas or losing sight of the boat and becoming exhausted. While minor injuries during snorkeling are fairly common, scrapes, abrasions, bruises, etc., serious injuries and death are fairly uncommon considering the number of snorkelers out in the water on any given day in the United States’ beach destinations.

The most high profile snorkeling death was probably that of Steve Irwin who died while snorkeling in Australia after being stung in the heart by a stingray buried in the sand beneath him.

SCUBA divers, on the other hand, seem to be at a much higher risk for serious injury or death while participating in their sport. SCUBA is an inherently dangerous sport; the participant is under the water relying on equipment, which is usually rented, to breath. Additionally, should the equipment fail, even an emergency assent to the surface may cause serious injury or death due to decompression and excessive nitrogen in the blood. Statistics indicate that deaths in diving occur very rarely; only approximately 150 are reported every year and this amounts to a risk of approximately 1 death for every 200,000 dives. The numbers are likely so low because so few people are divers and divers are required to be certified.

You can use PADI On line to check out a SCUBA instructor's certification.

PADI’s Quality Management Program

Verify a PADI Member's credential status here

You just returned home from a fabulous dive vacation. You can’t stop talking about your PADI Scuba Instructor and the dive resort, and you want to let PADI know about your experience.

On the other hand, perhaps your experience wasn’t as positive and you want to let PADI know about the problems encountered on your holiday. PADI’s Quality Management Program serves both purposes.

The governing body PADI requires all dive companies and dive masters to meet the standards of care outlined in the PADI courses which require all dive masters to be aware of all divers at all times, to make responsible assessments of water and weather conditions and the difficulty of the dive in relation to each diver’s experience and comfort level. For example, a diver who has only two dives in their log and has never had a dive in a current ought not to be taken on an advanced heavy current dive by a diligent dive master. PADI members receive special insurance through their membership and dive shops also must carry insurance. Almost all dive shops or snorkel companies require participants to sign a waiver because of the inherent dangers of the sports. Common carrier rules do not apply as most injuries do not occur on the boat or as a result of the boat’s operation but occur in the water during participation.

Traditional negligence rules apply to injuries sustained while SCUBA diving or snorkeling and thus, if you have been hurt, you must prove that the trip operator violated the duty of care that they owed to you.

If you or a loved one has been hurt while snorkeling or SCUBA diving do not be afraid to explore your legal rights. Even if you did sign a waiver, that does not excuse a SCUBA or snorkel operator from being negligent. If your equipment failed, or you were not adequately warned of unique hazards on your trip or even if the dive master or snorkel trip operator took you to a place your experience or comfort did not warrant, you may have a claim against the company. Remember, you relied on the company to take you out and get you back safely and despite having you sign a waiver, they promised to do that without negligence.

Originally posted at InjuryBoard by Wayne Parsons

Suicide spurs investigation of "chemical restraints" in Florida foster care system.

Wayne Parsons — Fri, 29 May 2009 10:43:13 GMT

The Miami Herald (5/29) reports, "Nearly three of 10 teenage Florida foster children have been prescribed a mental-health drug, and 73 foster kids younger than 6 are taking mind-altering drugs, according to a study released Thursday in response to the death of a Broward foster child who was taking such medications." In total, "13 percent of Florida foster children -- are being given powerful psychiatric drugs, said the study, commissioned last month by Department of Children & Families Secretary George Sheldon. The largest group, almost 60 percent, are teens ages 13 to 17." Sheldon said there were "serious questions" over the "use of mental-health drugs on children. Many such drugs have never been approved by the Food and Drug Administration for use on children, and many are linked to serious side effects."

The Daytona Beach News-Journal (5/29) reports, "More local foster children are on psychotropic medications than the state average, according to a state review done following the suicide of a 7-year-old foster child in South Florida." Rachel Smith, interim chief executive officer of Community Partnership for Children, the local foster care agency, "said she was surprised the local numbers are higher than the state average and the agency will be looking into why that is the case." The drugs in question "affect the central nervous system and can change behavior or perception. They are prescribed for depression, anxiety, schizophrenia and other psychiatric conditions. Some are used to alleviate pain." Smith said, "The biggest surprise is the younger kids."

The Florida Times-Union (5/29, Larrabee) reports, "Almost 2,700 foster children are on psychiatric medicines, including hundreds in Northeast Florida, even though the agency has no authority to give the drugs to more than 16 percent of those children, according to a state report issued Thursday." Locally, "in the Fourth Circuit, which is Duval, Clay and Nassau counties, 205 children in foster care are taking at least one psychotropic drug. That number is 136 for the Seventh Circuit, comprised of St. Johns, Putnam, Flagler and Volusia counties, and 76 in the Eighth Circuit of Baker, Union, Bradford, Gilchrist, Alachua and Levy counties."

The Jacksonville Observer (5/29) notes that "for the general population, about 4 percent to 5 percent of children are placed on psychotropic drugs."

The South Florida Sun-Sentinel (5/29, Burstein) reports that the children are being "given the medications without the court order or parental consent mandated by law, according to a study released Thursday by the state Department of Children & Families." DCF Secretary George Sheldon said there was "no rational basis" for the practice.

Originally posted at InjuryBoard by Wayne Parsons

Two dead in Wheeler Army Airfield copter crash

Wayne Parsons — Thu, 28 May 2009 09:52:02 GMT

A Honolulu Advertiser story by William Cole, Military Writer reports that 2 Army helicopter pilots died when their helicopter crashed during a routine maintenance test flight. The soldiers were with the 25th Combat Aviation Brigade. The crash, described by Col. Matthew Margotta described the crash as a "hard landing. Col. Margotta is commander of the U.S. Army Garrison Hawaii. No one else was aboard the helicopter. According to the Advertiser story:

The helicopter crashed within the Wheeler perimeter in the airfield and hangar area.

*****

Margotta told reporters at Wheeler that the helicopter was on "a routine maintenance test flight" and was in the process of landing when the incident occurred about 3:30 p.m.

"The pilot still had control of the helicopter when it landed," Margotta said.

****

Asked to talk about risks in flight operations, Margotta said, "Obviously when you fly helicopters and these guys are trained to go to combat and that's what they're preparing to do right now. There are certain risks that's inherent in what they do and they accept those risks."

Helicopters have been in the news often in Hawaii as their have been numerous crashes of tour helicopters taking tourists to see remote valleys and other sights accessible only by the air. These crashes generally involve pilot error. In the crash on the Army helicopter the cause is unknown and an investigation is underway. One would suspect a mechanical or maintenance failure in the Hickam crash.

Originally posted at InjuryBoard by Wayne Parsons

Coast Guard Report Blames Death Of Teen In 2006 On Unauthorized Modifications to Tour Boat's Mast

Wayne Parsons — Fri, 01 May 2009 15:12:38 GMT

Mary Vorsino, of the Honolulu Advertiser reports that the Coast Guard has reported on two tourist deaths in separate incidents. A 13 year old boy was killed on a catamaran off Waikiki in 2006 when the mast on the tourist catamaran buckled and killed the boy and injured three passengers.

In another investigation of a 2007 incident on the ocean near Lahaina on Maui, the Coast Guard has issued a report blaming that a crack in the structure that held the mast caused the mast to collapse killing a 48-year-old man from Illinois who was struck in the head. According to the Advertiser story:

The two catamaran incidents, just four months apart, were investigated together so the Coast Guard could examine its standards for inspecting commercial catamarans. Even before the investigations were completed, the Coast Guard in Honolulu decided to beef up its annual inspection standards, which now include a more thorough examination of catamaran masts.

"We've implemented the procedures here ... (and) there is discussion as to whether these" standards will be adopted nationally, Honolulu Coast Guard Capt. Barry Compagnoni said yesterday.

On December 1, 2006 the mast of the catamaran Na Hoku II buckled in three places, struck the head of Jordan Loser of Riverside, California and pinned him face-down on the cabin top. Jordan died as a result of the injuries. The boat was returning to Waikiki about 4:30 p.m. after a trip to Mamala Bay. The cause of the mast failure was unauthorized modifications made to the mast beginning in 2000 and not detected in Coast Guard inspections as late as April 2006.

A second passenger standing on the front left side of the vessel was struck on the head by falling rigging and knocked out. Two other passengers, in the front of the vessel near the cabin, also suffered injuries: one had a broken foot and pelvis, the other cuts to her shoulder and hand.

The Coast Guard report also notes that the master of the catamaran and one of its crew members tested positive for marijuana immediately after the incident. According to the Advertiser story:

The Coast Guard report said it is unclear whether marijuana use affected the crew members' abilities "to respond to changing conditions on-scene in a manner that might have prevented the casualty." Passengers on board the vessel said the two crew members did not appear to be impaired.

The maximum fine for failing to report a modification to the Coast Guard is $6,500 per modification.

Our thoughts go out to the families. A tribute to Jordon Loser was made that celebrates his life and mourns the loss.

http://www.youtube.com/watch?v=8BExbYiSDOs

In the Maui incident aboard the Kiele V on March 25, 2007 the "microscopic" failure in the structure that supports the mast occurred about 10 minutes from Ka'anapali Beach. The mast and rigging crashed down on Hal Pulfer, 48, of Highland Park, Illinois, killing him and injuring 2 other passengers. The Kiele V was carrying 47 passengers and five crew members at the time. After the mast fell, the catamaran started taking on water and later was abandoned and broke apart in rough seas overnight. An inspection of the Kiele V in September 2006 found no problems.

Nothing can make up for this these tragic incidents. We hope they will spur new efforts by tour boat operators to make the vessels safe for passengers.

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

Honolulu Personal Injury Lawyer - Wrongful Death

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

Keahihoku K.P. Lum of Honolulu Struck And Killed By Boat In Maunalua Bay

Memorial Sites to Propeller Accident Victims Survivor Advocacy in General Other Links Related to Propeller Safety

Heart Attack Slide Show

Andra Kimp Sentenced to 20 Years For Dui Death On Oahu in 2003

Death Of A Child In Hawaii

Scuba Diving And Snorkeling In Hawaii Are Wonderful Ocean Activities But Can Be Dangerous

Suicide spurs investigation of "chemical restraints" in Florida foster care system.

Two dead in Wheeler Army Airfield copter crash

Coast Guard Report Blames Death Of Teen In 2006 On Unauthorized Modifications to Tour Boat's Mast

Honolulu Driver Arrested on Suspicion of Fatal Hit & Run

Memorial Sites to Propeller Accident Victims

Survivor Advocacy in General

Other Links Related to Propeller Safety