Judge dismisses Arakawa claim for car damage
By Brandon Masuoka and David Waite
Advertiser Staff Writers
A state judge yesterday dismissed a lawsuit by former Honolulu police officer Clyde Arakawa, who sought reimbursement for car damage from the estate of a 19-year-old woman killed in a fatal Oct. 7 collision.
Cory Lum • The Honolulu Advertiser
Circuit Court Judge Sabrina McKenna threw out the counterclaim filed by Arakawa, who wanted Dana Ambrose's insurance company to pay for damage to his car.
A sign posted at the Pali Highway site of the Oct. 7 collision, warning against drunken driving, served as a Memorial Day tribute to Dana Ambrose, who would have celebrated her 20th birthday Monday.
Prosecutors accuse Arakawa of driving under the influence of alcohol when his 1993 Ford Thunderbird collided with Ambrose's 2000 Honda Civic at the intersection of Pali Highway and School Street.
Ambrose was killed, and Arakawa, who was off-duty at the time of the collision, was charged with manslaughter.
Arakawa was represented at yesterday's hearing by attorney Guy Matsunaga, who is assisting Arakawa's lead attorney, Michael Ostendorp, with the case.
Ostendorp yesterday afternoon said that he filed the motion to try to help Arakawa recoup losses for the demolished Thunderbird because the lawyer for Arakawa's insurance company declined to do so.
Judge McKenna did not disclose why she dismissed Arakawa's lawsuit, but Ambrose's attorney, Rick Fried Jr., had argued that the lawsuit was filed late, showed prejudice toward the Ambroses and displayed a futile ploy by the defense.
In addition, Fried said the value of Arakawa's 1993 Thunderbird would be listed in the Kelley Blue Book at less than $3,000 and legal fees would surpass that.
Fried said the Ambroses were "absolutely crushed that they got sued by the guy who killed their daughter" and "they'll be greatly relieved that this is dismissed."
He said Dana Ambrose would have turned 20 on Monday.
Fried maintained that Arakawa ran the red light and slammed into Ambrose's car.
Ostendorp has asserted that it was Ambrose who ran the red light and that Arakawa did not cause the collision.
Arakawa, 49, retired from the Honolulu Police Department after the collision and will go on trial on the manslaughter charge in July.
Theresa Paulette, former president of Mothers Against Drunk Driving, said Arakawa's counterclaim to collect for damages to his car inflicted additional hurt on the Ambrose family and tried to shift responsibility for the collision. Paulette, whose son was killed in a highway crash, spoke outside the courtroom yesterday.
"His claim, especially at this late date, has made members of MADD upset and angry," Paulette said. "This is an example of the kind of event which continues to victimize families even after their loved one is buried or their ashes are scattered.
"Yes, Mr. Arakawa has the legal right to file this claim but, to those of us in MADD, his concern about the damage to his car seems so trivial in comparison with the Ambroses' forever loss of their daughter."
Ostendorp said he doesn't believe that MADD members such as Paulette know the full story about Ambrose's death.
"I respect MADD for all the good they have done," Ostendorp said. "But to participate in the public persecution of Clyde Arakawa — what can I say?
"I won't be tying any more ribbons on my car," Ostendorp remarked, in reference to MADD's annual campaign to prevent drunk driving. "I don't know what evidence MADD has other than to take a personal injury lawyer's word for it."
He said public statements such as Paulette's make it "increasingly difficult for my client to get a fair trial in this state."
