Man run over by state employee to get $1.5 million

By Scott Ishikawa
Advertiser Transportation Writer

The state has agreed to pay $1.5 million to a New Jersey man struck by a car in what is believed to be the first court case here declaring that the driver's use of a cellular telephone contributed to traffic injuries.

Christopher Loyek suffered permanent brain damage when he was struck while crossing Queen Ka'ahumanu Highway in 1996 by a car driven by a Department of Education special education teacher who had just finished using her cell phone while on her way to work. Loyek was visiting the Big Island from New Jersey.

In ordering the payment in 1999, Circuit Judge Ronald Ibarra found the state 20 percent liable for Loyek's injuries. In his ruling, Ibarra said teacher Naomi Uchibori-Grossman's "attention was diverted from seeing the roadway to her distant front because of her use of a cellular telephone."

Rather than contesting the finding on appeal, state lawyers agreed to pay the $1.5 million, or 20 percent of the $7.5 million in damages that all parties agreed that Loyek suffered.

Jan Weinberg, attorney for Loyek's family, announced the settlement yesterday. The Legislature and Gov. Ben Cayetano approved the budget containing the settlement last month.

Loyek, 19 at the time, was hitchhiking when he ran across the highway near the Kona International Airport to catch a ride from another motorist and was struck by Uchibori-Grossman's rental car.

Loyek is unemployable because of permanent brain damage, suffers from short-term memory loss and is being cared for by his family in Morristown, N.J., Weinberg said.

Uchibori-Grossman lived on O'ahu, but was sent by the Department of Education to teach on the Big Island in Waimea. She was heading to work when her rented car hit Loyek, court documents show.

She later acknowledged that she had been using a cellular phone within 30 seconds of the collision, according to court documents.

In a nonjury trial, Ibarra found Loyek was 50 percent responsible for the accident, Uchibori-Grossman and the state 20 percent at fault, and the other motorist who offered Loyek a ride and waved him across the road was 30 percent at fault.

Weinberg said he obtained $500,000 more in insurance coverage from the driver who waved Loyek across the road and $50,000 from two other liability insurance policies for a total of $2.05 million.

Weinberg said he doesn't think the $1.5 million state settlement is large enough to sway legislators to push for a ban of cellular phone use in motor vehicles, as was passed recently in the state of New York.

"It gives everyone a definite example on how cell phones can contribute to an accident," he said.

State deputy attorney general Jack Rosenzweig said legislative action would be required for such a ban.

You can reach Scott Ishikawa at sishikawa@honoluluadvertiser.com or at 525-8070.