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The Honolulu Advertiser
Posted on: Friday, August 26, 2005

Suit filed in 2003 Ka'a'awa crash

By Curtis Lum and Eloise Aguiar
Advertiser Staff Writers

Daniel Mapu

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The family of a Kahuku man who was critically injured when he was struck by a van and truck as he took part in an anti-drug sign-waving campaign two years ago has filed a lawsuit against the drivers of the vehicles and the companies that employed them.

The lawsuit was filed Wednesday in Circuit Court by Simi and Maryann Mapu, whose son, Daniel, was hit by a pickup truck and then a van on Aug. 25, 2003. Mapu, 23, was taking part in a rally against crystal methamphetamine along Kamehameha Highway in Ka'a'awa when the accident occurred.

The former Kahuku High football player and dancer at the Polynesian Cultural Center suffered critical injuries and continues to receive treatment. He was discharged this month from Kahuku Hospital after nearly two years of hospitalization and returned home, where his family is caring for him.

Attorney Joseph Ahuna Jr., who represents the Mapu family, said yesterday that Daniel Mapu's medical bills are around $300,000, with insurance, Department of Human Services and donations covering some of the costs.

Ahuna said Mapu will need continuing medical service and around-the-clock care. He suffered a severe permanent brain injury and is unable to walk on his own or communicate except for a couple of words, Ahuna said.

"They're hoping someday a miracle will happen," Ahuna said. "In the meantime it costs money."

Named as defendants in the lawsuit are Tolifili Kafalava, identified as the driver of a Tropical Islandwide Landscaping pickup truck; Nafetalai Finau and Ana Finau, owners of the truck; Tevita Pupua, identified as the driver of a Flooring Services van; and the two companies.

None of the defendants could be reached for comment.

The lawsuit says Mapu was among a large group of people who were waving signs along the highway when a pickup truck driven by Kafalava veered off the road and struck him. Kafalava, the lawsuit alleges, fell asleep at the wheel and did not have a valid driver's license.

The impact threw Mapu into the southbound lanes of the highway where he was run over by the van driven by Pupua, according to the lawsuit. The lawsuit says Pupua was operating the van at an unsafe speed and was not following safe driving practices despite seeing the sign-wavers scatter to avoid the pickup truck.

The Mapus accuse the defendants of negligence and are seeking an undetermined amount in damages.

Ahuna said Daniel Mapu will probably need care for the rest of his life but the family doesn't see this as a burden. Instead, he said, they view it as a blessing because he is alive and with them. They are seeking money to ensure that Mapu has a good life, he said.

"Daniel is very lucky to have a family who loves him despite the challenges he faces," Ahuna said.

Reach Curtis Lum at culum@honoluluadvertiser.com and Eloise Aguiar at eaguiar@honoluluadvertiser.com.