The accident occurred near Hana at the Seven Sacred Pools, or 'Ohe'o Gulch, inside Haleakala National Park.

Yesterday, visiting U.S. District Judge Edward Rafeedie ruled that the federal government must pay $2.3 million for Xina Wendt's drowning on May 4, 2002. He found that the National Park Service failed to warn the Wendts, who were visiting Maui from New York City, that the water level had reached a dangerously high level with strong currents.

The National Park Service argued that it had placed a sign warning visitors and had closed the area, but Rafeedie found that "this scenario was very likely contrived after the fact of Mrs. Wendt's death."

"The circumstances created a trap for the unaware to which the plaintiff decedent regrettably fell victim," he said.

The award, one of the highest here for such a death, highlights a long-standing problem facing the state and federal government — balancing public safety and ensuring public access to Hawai'i's stunning natural features that attract thousands of visitors a day.

The most notable other tragedy was the 1999 Mother's Day rockslide at Sacred Falls on O'ahu that killed eight people and injured 50. Some of the victims and their relatives settled for $8.56 million last year after the Hawai'i Supreme Court ruled that state did not adequately warn visitors of the danger. The state closed the park after the rockslide.

Lawyer Michael Livingston described the 'Ohe'o pools on Maui as "fraught with beauty and danger." Advertiser library photo

Don Reeser, the superintendent at Haleakala National Park, said he couldn't comment on the judge's ruling. "It was an unfortunate accident," Reeser said.

Last year, three people, including an 8-year-old girl, drowned in two separate accidents in the park.

Over the past two years, rangers have posted more signs warning visitors of water dangers, Reeser said. In addition, the park service is looking into the possibility of a warning system with rain and stream gauges upstream from the pools, he said.

Tim Wendt, 52, an international business consultant, said he brought the suit to find out what happened that day so the park service can avoid similar tragedies. Xina Wendt, 42, born and raised in China, was an executive with the Lord and Taylor flagship store.

Tim Wendt said he's gratified about the ruling for himself and his wife's family in China. "To them, I'd like to say this is an apology from the government that they did not live up to kind of standards that had made Xina so proud to become an American," he said.

"This (ruling) would never have happened in China."

Michael Livingston, lawyer for the Wendts, said the 'Ohe'o pools are one of the country's most pristine wilderness locations, but "fraught with beauty and danger."

He said the drownings at the site require the Park Service to be vigilant in providing warnings when warranted.

"Perhaps others will be saved from the lessons learned in this case," he said.

In his ruling, Rafeedie awarded the estate of Xina Wendt $500,000, including money to cover her distress before the drowning. "I can imagine nothing more horrendous than the fear and loss of hope that she must have experienced during that ordeal," he said.

He also awarded $800,000 for her loss of income and $1 million for Tim Wendt's loss of his wife and watching her struggle for her life and being swept away to her death.

Tim Wendt recalled what his wife said as they held each other in the crashing sea, but said he was too busy trying to rescue her to say anything before she was pulled away.

"I didn't have the time to tell her back I loved her," he said quietly. "I thought I had plenty of time later."