Jury: City Not Liable In Falling Boulder Case - Hawaii News Now - KGMB and KHNL

Jury: City Not Liable In Falling Boulder Case

Marie Gavigan Marie Gavigan
Dara Onishi Dara Onishi
Pat Onishi Pat Onishi

HONOLULU (KHNL) - It was a unanimous verdict and now a Nuuanu family must deal with yet another loss. A jury found the city is not responsible for the falling boulder that killed 26-year old Dara Onishi.

When the verdict came down, the Onishi family says, they were disappointed by the jury's decision, but not completely surprised, knowing their limitations in presenting their case.

All twelve jurors agreed, the city was not responsible for her death on August 9th of 2002. Onishi was killed, when a five ton boulder crashed through her bedroom, while she slept. Lawyers for her family said, the city maintained a drainage system that funneled rainwater as it emptied in the hillside above the Onishi home They say the boulder was in the rainwater's path. The city said, there was no evidence showing this, and that the whole thing was an accident.

"It's a real unfortunate situation, but the City did not have any fault in this boulder falling and we send our condolences go to the Onishi family, we always have." said Marie Gavigan, City Deputy Corporation Counsel.

"For a family to go through the loss that we have and to know that there are others in the same conditions and that the City is unwilling to acknowledge it is unconscionable." said Pat Onishi, Dara's father.

The Onishi family also sued the landowners and were able to reach a settlement.

Pat Onishi says, the settlement was used, to put up a 200-thousand dollar fence" to protect the family and their neighbors from more falling boulders.

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