Posted on: Friday, February 4, 2005

City, state sued over North Shore drowning

By Ken Kobayashi
Advertiser Courts Writer

The family of a 43-year-old California man who drowned off Sunset Beach on Dec. 17 has sued the city and the state, alleging that no signs warned him about dangerous conditions and that city lifeguards didn't do enough to save him.

The Circuit Court lawsuit was filed yesterday over the death of Thomas Hoggs, an Alameda County deputy sheriff visiting here with his family for daughter Vanessa's graduation from the University of Hawai'i.

The suit is seeking an unspecified amount of money, but Ward Jones, the family's attorney, said they will be asking for more than $1 million.

The suit said no signs were posted where Hoggs and his two boys, ages 11 and 15, were swimming in waist-deep water when he got swept by a strong undercurrent and yelled for help. Lifeguards saw him, but tried to talk to him with a bullhorn to direct him to swim an angle to the shore, the suit said.

After nine minutes of struggling, Hoggs stopped swimming, the suit said. Lifeguards eventually reached him and brought him to shore. Resuscitation efforts failed to revive him and he died that day.

The suit said that the city has a duty to adequately train lifeguards and that the state, as owner of the beach, should have warned people of the hazards.

A water-safety official has said the waves were 6 to 8 feet, which is not unusual for that time of year.

Bill Brennan, city spokesman, and Bridget Holthus, special assistant to the attorney general, said their offices had not yet received the lawsuit and could not comment.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.