Posted on: Friday, March 28, 2003

Boulder death leads to lawsuit

By David Waite
Advertiser Courts Writer

The family of a 26-year-old Nu'uanu woman who was killed in August when a 5-ton boulder crashed through the wall of her parents' home while she slept are suing the owners of the property where they think the boulder originated.

The lawsuit filed yesterday by attorney Steven Kim on behalf of the family of Dara Rei Onishi claims the boulder came from property owned by Hiroko and Vance Vaughan, whose home at 3204 Pacific Heights Road is up-slope from the Onishi home at 2527-A Henry Street.

The incident increased concerns among families whose homes are on or at the bottom of hills covered with large boulders. Residents of two condominium buildings in the Lalea project in Hawaii Kai evacuated in December after two boulders crashed into parked cars, but caused no injuries.

Yesterday's lawsuit said the Vaughans knew or should have known that large rocks on their property posed a risk of serious harm to people living in the homes below.

It said the Vaughans may have exacerbated the situation by moving large rocks during prior construction projects on the site.

The lawsuit claims the Vaughans had a duty to "take all reasonable steps to eliminate the dangerous condition that posed an unreasonable risk of harm ..."

Hiroko Vaughan referred questions about the lawsuit to attorney Steven Hisaka. Hisaka had not seen a copy of the lawsuit and declined to discuss specific accusations made against the Vaughans.

He described his clients as "a very concerned couple" who took "a great deal of steps" after Onishi was killed to ensure rocks on the Vaughan property would not pose a risk to anyone living below.

Although the lawsuit contends the boulder that killed Onishi originated from the Vaughans' property, no one has ever acknowledged that was the case.

The lawsuit asks for general and special damages with the amount to be determined at trial.