Hawai'i Supreme Court overturns 1998 ruling
By David Waite
Advertiser Courts Writer
The Hawai'i Supreme Court yesterday issued a ruling in one of its longest-pending cases, ordering a new trial in the wrongful-death civil lawsuit brought by the parents of a 20-year-old Big Island man electrocuted in 1994 while working at a construction site.
The five high-court justices unanimously overturned a 1998 ruling by former Big Island Circuit Judge Riki May Amano that dismissed the lawsuit against a Big Island contractor and a jury verdict later that year that favored the two project developers.
Two lawsuits, which were later consolidated, were filed by Charles "Charlie" Rapoza Sr. whose son, Charles Jr., was electrocuted in November 1994 while working in North Kona.
The younger Rapoza was killed when the steel boom of a well-drilling rig came in contact with a 7,200-volt electrical line. Rapoza was holding two steel-braided hoses attached to the drilling rig at the time of contact.
The morning after the accident, Charles Rapoza Sr. said he made a promise to pursue justice for his son, who he believed died because of unsafe working conditions.
Amano in February 1998 dismissed the case against the president of the construction company the younger Rapoza was working for, and later that year a jury sided with the rest of the defendants.
The Rapoza case was one of those highlighted in an Advertiser series in late November that reported that more than 20 appeals have remained unresolved at the state Supreme Court for more than four years. It was cited as an extreme example of the backlog that has increased since 1999, despite a decline in the number of appeals filed.
As of Oct. 31, the latest period for which statistics were available, 375 appeals were briefed and awaiting a decision by the high court.
Rapoza Sr. said he was stunned by yesterday's ruling.
"I'm numb, I don't even believe this is true," Rapoza said. "For the past nine years, I've been fighting an uphill battle for my son."
Rapoza said he hopes the ruling will mean that a $200,000 lien placed against him to pay court costs associated with the previous court rulings and trial will be lifted.
In the ruling issued yesterday, the justices said Amano should not have dismissed one of the defendants from the lawsuit and should not have allowed testimony at trial that the construction company that employed the younger Rapoza was not issued citations for safety violations as a result of the fatal accident.
The court also found that Amano abused her discretion by denying the plaintiffs' motion for a mistrial. The justices said she should have issued a "curative instruction" with regards to the testimony that was given at trial about the company not being cited for safety violations and should have instructed the jury that state safety regulations have the force and effect of law.
Although he had not had the opportunity to read the ruling, Rapoza's lawyer, George Ashford said he believes the entire case against the project general contractor Willocks Construction Corp. and co-developers Jon Gomes and Abe Lee has been reopened.
Attorneys for Willocks Construction, Gomes and Lee could not be reached last night for comment.
Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.
