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The Honolulu Advertiser

Posted at 2:30 p.m., Sunday, October 20, 2002

State says it will appeal Sacred Falls court ruling

Advertiser Staff

State Attorney General Earl Anzai today announced the state will appeal the Sept. 24 circuit judge's ruling that found the state negligent for the 1999 Mother's Day rockslide that killed eight people at Sacred Falls State Park.

Another 42 people were injured in the natural disaster.

Anzai today said the court erroneously concluded that the nine warning signs at the park did not adequately warn hikers of the nature, severity and location of the danger of falling rocks.

In a written statement, Anzai noted that a sign at the park's pedestrian gate stated: "Falling rocks are dangerous. They have resulted in death and injuries here. Rocks fall at unpredictable times and with little or no warning."

Anzai said the public should assume personal responsibility for their actions, and should not be allowed to ignore signs and proceed at their own risk, then sue the state for injuries.

Circuit Judge Dexter Del Rosario on Sept. 24 said the state was negligent and liable for damages in the Sacred Falls rockslide.

"The state failed to adequately warn visitors of the rock fall hazard," Del Rosario said in a 47-page ruling.

The decision cleared the way for a trial in January to determine how much the state must pay some of the victims and their relatives who sued. Their attorneys have said they will seek millions of dollars.