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The Honolulu Advertiser
Posted on: Saturday, September 5, 2009

Ex-Big Island mayor's crash to be settled for $99,500


By Jason Armstrong
Hawai'i Tribune-Herald

Hawaii news photo - The Honolulu Advertiser

Former Mayor Harry Kim

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HILO, Hawai'i — A car crash caused by former Mayor Harry Kim when he was in office will cost Big Island taxpayers $99,500, said the county attorney handling the case.

California resident Debbie Balise had sought $250,000 for injuries she suffered in the Hilo crash that occurred Sept. 27, 2006, said Brooks Bancroft, deputy corporation counsel.

The county rejected that offer, Bancroft said, and Balise filed a lawsuit seeking $175,000. She then said she'd settle for $99,500, he said.

"Based on the facts and circumstances of the accident, we felt the amount paid was reasonable and justified," Bancroft said.

He expects Balise to accept the amount because it's what she had requested.

The County Council discussed the settlement in private Wednesday before voting 8-0 in public to accept Bancroft's recommendation to settle. North Kona Councilman Kelly Greenwell was absent when the vote was taken.

"I just wanted to make sure no one was treated preferentially in an issue like this. That was our main thing," said Hamakua Councilman Dominic Yagong, who ran unsuccessfully against Kim in the 2004 Big Island mayoral race.

In November 2006, Kim told the Tribune-Herald that he wasn't injured in the crash at Kanoelehua Avenue and West Palai Street, and the matter received little media coverage.

Kim said he was driving his county-owned 2002 Chevrolet Tahoe SUV back to Hilo from Kea'au when he was distracted by a tailgating driver. In an effort to get out of the motorist's way, Kim said, he turned left onto West Palai Street.

"I was making a left turn, and, you know, I misjudged the distance (to the oncoming car)," Kim has said.

Bancroft said a police report shows Kim failed to yield the right of way.

Balise and her husband, Paul Balise, were driving a rented 2006 Chrysler sedan, Bancroft said.

"There were permanent injuries, I can confirm that," he said.

The settlement will come from the county's general fund, said Joseph Kamelamela, a deputy corporation counsel.