Widow sues Xerox managers, Uyesugi
By David Waite
Advertiser Staff Writer
The widow of one of the seven men killed by copy machine repairman Byran Uyesugi during a rampage at the Xerox building in November 1999 is suing three Xerox executives, alleging the three knew or should have known that Uyesugi showed violent tendencies as far back as 1993 and several times talked about killing his co-workers.
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The suit is the first filed in behalf of family members of the seven killed by Uyesugi.
Jason Balatico was one of seven men shot to death by fellow Xerox employee Byran Uyesugi in November 1999.
Uyesugi also is named as a defendant in the suit, but the Xerox corporation itself is not.
The suit was filed by Honolulu attorneys Michael Green, David Gierlach and Debra Kagawa on behalf of Merry Lynn Balatico, whose husband, Jason, was gunned down by Uyesugi who feared he was about to be fired.
Uyesugi, now 41, was sentenced 10 months ago to life in prison without parole, the stiffest possible sentence under Hawai'i law.
Named in the lawsuit were Glenn Sexton, vice president and general manager of Xerox Corp.; James Hughes, identified in the suit as Western region manager of investigations for Xerox ; and Tom Trittipo, listed as Western region manager of human resources for Xerox.
The suit seeks general, special and punitive damages, the amount of which is to be determined at trial.
The Xerox office in Honolulu referred a request for comment on the lawsuit to attorney Crystal Rose, who represents the firm.
"We have not received a copy of the complaint and it would be improper to comment on specific allegations," Rose said yesterday evening.
"Based upon my extensive research of all of the documents filed in the case, and all of the testimony in the criminal proceedings (against Uyesugi), I can say that Xerox's employees acted reasonably and appropriately" Rose said, referring to how the company responded to Uyesugi's behavior and statements prior to the shooting spree, the worst in Hawai'i's history.
The lawsuit claims that Xerox supervisors should have been well aware of Uyesugi's violent tendencies.
The suit cites an October 1993 confrontation in which Uyesugi threatened to kill a co-worker, a 1995 conversation with a co-worker in which Uyesugi threaten to kill other members on his work team, Uyesugi's admission to Castle Hospital's psychiatric ward and a 1993 incident in which Uyesugi kicked in a customer's elevator door, was arrested for criminal property damage and had to undergo counseling.
The lawsuit accuses the Xerox officials of "wilful and wanton misconduct" for allegedly failing to monitor Uyesugi closely after he was diagnosed with a mental disorder and not increasing security or taking other measures to protect Balatico and other Xerox workers.
