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The Honolulu Advertiser
Posted on: Saturday, August 6, 2005

Jury says city must pay worker $1.5 million

By Curtis Lum
Advertiser Staff Writer

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A federal jury yesterday ordered the city to pay $1.5 million in damages to a city painter who said he was the target of retaliation after he complained about workplace hazards.

The award is believed to be the largest jury verdict against the city in recent years.

The jury deliberated for about three hours before awarding Howard Tom Sun $1.5 million in general damages. Tom Sun, 51, has been a painter in the Department of Enterprise Services for 18 years.

City officials could not be reached for comment yesterday. Venetia Carpenter-Asui, Tom Sun's attorney, said she expects the city to appeal the verdict.

In 1997, Tom Sun complained about public health violations while working at the Blaisdell Arena. He said employees and the public were exposed to dust from lead-based paint and asbestos.

Tom Sun said hazardous materials were stored and disposed of improperly, and he also reported that he and other employees worked without proper training and safety equipment, which he said was required by federal and state law.

After going public with his concerns, Tom Sun said he was the target of retaliation by his bosses. Carpenter-Asui said Tom Sun was written up by his supervisor, isolated and not given job duties.

Tom Sun also was denied leave and his co-workers were warned that if they helped him they "would be held accountable," she said.

In June 2000, Tom Sun filed the federal lawsuit and charged that the city violated his First Amendment rights and the state's Whistleblowers Protection Act. He sought an undetermined amount in general damages.

Tom Sun, 51, said he was "very grateful and thankful" that the jury believed him. He also said he was surprised at the large amount awarded him.

"They made the judgment and they're sending out a message to the city that they should be more concerned for their workers and the general public," Tom Sun said.

He said he was never fired or suspended from his job but said he continues to work alone.

"I really wanted to work with everyone, but I'm working by myself now," Tom Sun said. "They give me jobs that take a long period of time, and they put me on an assignment and I just comply."