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The Honolulu Advertiser
Posted on: Saturday, November 10, 2007

Maui parents sue over teen girl's drowning

Advertiser Staff

WAILUKU, Maui — The parents of one of two teenage girls who drowned while rafting in a Ha'iku irrigation ditch have sued ditch owner East Maui Irrigation Co.

Cherie Hurd, 14, of Ha'iku, and Lucy Smith, 13, of Wailuku, died Sept. 23. Family members said the two King Kekaulike High School students went rafting in an area known as "Tubes" in Lowrie Ditch. It is still unclear how they got into trouble, but police said that one of the girls was sucked through a siphon, or pipeline, in the ditch and the other went through three siphons.

Their bodies were found about a mile apart.

A lawsuit filed Thursday by Wailuku attorney James Krueger on behalf of Hurd's parents, Theodore La Torre-Gomez and Katherine Louise Hurd, claims the ditch "constituted an attractive nuisance." The complaint alleges the dangerous condition of the ditch was known to EMI, a subsidiary of Alexander & Baldwin, before Sept. 23.

Hurd's parents are seeking financial compensation for their emotional distress, for the pain and suffering experienced by their daughter before her death, for funeral expenses, and for Cherie Hurd's loss of potential earnings.

EMI President Garret Hew yesterday issued a statement expressing condolences to the girls' families. He said the company had not seen the lawsuit "and will not speculate about any allegations made."

The statement also said, "The EMI ditch system has been a part of the Maui community for over 130 years and has played a vital role in providing water necessary for our local community, and we will continue to work with the community in promoting ditch safety."