HomeMy WebLinkAboutRES 719 Draft 01 2024-2026 COUNTY OF HAWAI`I •• `'- ��:• STATE OF HAWAI`I
RESOLUTION NO. 719 26
A RESOLUTION AUTHORIZING INDEMNIFICATION OF FORMER EMPLOYEES
OF THE COUNTY AND THEIR SUCCESSOR ESTATES WHO ARE NAMED AS
INDIVIDUAL DEFENDANTS IN THE LAWSUIT KNOWN AS ELIZABETH STABO V.
KAZUO TODD,ET AL. AGAINST ALL DAMAGES ASSESSED THEREIN AND
MAKING OTHER FINDINGS IN ACCORDANCE WITH SECTION 2-188 OF THE
HAWAI`I COUNTY CODE.
WHEREAS, on September 1,2023,Plaintiff ELIZABETH STABO (hereinafter
"Plaintiff")commenced a civil action against Defendants KAZUO TODD (hereinafter"Todd")
and ERIC MOLLER(hereinafter"Moller"),known as Elizabeth Stabo v. Kazuo Todd, et al.,
Civil No. 3CCV-23-0000326 (hereinafter"the Lawsuit"); and
WHEREAS,Todd and Moller,both of whom were formerly employed by the Hawaii
Fire Department, are named in their individual capacities as Defendants in the Lawsuit
(collectively hereinafter"the Individual Defendants");and
WHEREAS, on October 25,2024,Plaintiff filed the Second Amended Complaint in the
Lawsuit, attached hereto as Exhibit A(hereinafter"the Complaint"), alleging, among other
things, claims against the County and the Individual Defendants for misconduct; and
WHEREAS, on December 14,2025,KAZUO TODD passed away, and notwithstanding
his death,the Lawsuit will be continued against his estate; and
WHEREAS, Section 2-188(a)of the Hawai`i County Code (hereinafter"the Code")
requires the adoption of a resolution by the Council in order to effectuate the defense of
Individual Defendants in the Lawsuit, including but not limited to the payment of all claims,
whether by settlement or judgment;and
WHEREAS,representation of the Individual Defendants by the Corporation Counsel
and her authorized representatives is not an admission of liability;now,therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that,in
accordance with Section 2-188(a)of the Code,this body finds that:
1. Any acts or failures to act by the Individual Defendants, as alleged in the
Complaint,were done within the course and scope of the Individual Defendants'
employment as employees of the County;
•2. Any acts or failures to act by the Individual Defendants, as alleged in the
Complaint,were done in good faith,without actual malice,to serve the County,and
in the apparent best interests of the County;
3. Payment of the claims or judgment of the Lawsuit would be in the best interests of
the County; and
4. It is in the public interest to indemnify the Individual Defendants and their
successor estates for all damages that may be assessed in the Lawsuit, including
punitive damages, so that the Corporation Counsel and her authorized
representatives may represent the Individual Defendants and their successor estates.
BE IT FURTHER RESOLVED that,pursuant to the findings hereinabove made,the
County is authorized to indemnify,defend,and represent the Individual Defendants and their
successor estates against all damages assessed in the Lawsuit, including but not limited to the
payment of all claims,whether by settlement or judgment.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to Renee N. C. Schoen, Corporation Counsel,and Diane T.Nakagawa,Director of
Finance.
Dated at ,Hawai`i,this_ day of ,20
INTRODUCED BY:
1(/. .1‹ .
JENNIFER IWADA
Council Member
BY REQUEST OF THE:
Corporation Counsel
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo,Hawai`i GALIMBA
HUSTACE
I hereby certify that the foregoing RESOLUTION was by INABA
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA
County of Hawaii on
KANEALI`I-KLEINFELDER
KIERKIEWICZ
ATTEST: KIMBALL
ONISHI
VILLEGAS
Reference: C-1132/GOEAC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. '719 2E
UllVI m_ __ _ 1/1
2 LRB 26-150 OCC
FUJIWARA AND ROSENBAUM, LLLC
JOSEPH T. ROSENBAUM 9205 Electronically Filed
ELIZABETH JUBIN FUJIWARA 3558 THIRD CIRCUIT
MARCOS R. BENDANA 11054 3CCV-23-0000326
1100 Alakea Street,FL 20, Suite B 25-®CT-2024
Honolulu, Hawaii 96813 10:48 AM
Telephone: (808)203-5436 Dkt. 50 CAMD
Attorneys for Plaintiff
ELIZABETH STABO
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAI'I
ELIZABETH STABO ) CIVIL NO. 3CCV-23-0000326
) (Other Civil Action)
Plaintiff, )
) SECOND AMENDED COMPLAINT;
vs. ) DEMAND FOR JURY TRIAL
1
KAZUO TODD; ERIC MOLLAR; STATE )
OF HAWAI'I; JOHN DOES 1-10; JANE
DOES 1-10;DOE CORPORATIONS 1-10; )
DOE PARTNERSHIPS 1-10;DOE )
UNINCORPORATED ORGANIZATIONS )
1-10;DOE ENTITIES 1-10; and DOE
GOVERNMENTAL AGENCIES 1-10, )
Defendants. )
)
)
)
)
SECOND AMENDED COMPLAINT
COME NOW Plaintiff ELIZABETH STABO (hereinafter referred to as "MS.
STABO") by and through her attorneys Joseph T. Rosenbaum, Elizabeth Jubin Fujiwara, and
Marcos R.Bendana allege and claim against Defendants above-named as follows:
NATURE OF ACTION
EXHIBIT "A" (10 pages)
a
1. This is a lawsuit in which Plaintiff suffered severe injuries as a result of
the misconduct by DEFENDANTS.
JURISDICTION AND VENUE
2. This Court has jurisdiction and venue since all events done by the above
named DEFENDANTS occurred and within the jurisdiction and venue of the Circuit Court of the
Third Circuit, State of Hawai`i,acts pursuant to H.R.S. §603-21.5 and the matter in controversy
exceeds FIFTY THOUSAND DOLLARS ($50,000) exclusive of costs and interest.
3. Venue is proper within the Circuit Court of the Third Circuit, State of
Hawai`i as all Defendants do business and/or are residents of the Island of Hawai'i.
PARTIES
4. MS. STABO, at all time relevant herein, was a resident of the State of
Hawaii.
5. At all times relevant herein, DEFENDANT KAZUO TODD was a
resident of the Island of Hawai'I and the Chief of the County of Hawai'i Fire Department.
6. At all times relevant herein, DEFENDANT ERIC MOLLAR was a
resident of the Island of Hawai'I and the Deputy Chief of the County of Hawai'i Fire Department.
7. DEFENDANT STAl'E OF HAWAI"I.
8. Defendants JOHN DOES 1-10, JANE DOES 1-10, DOE
CORPORATIONS 1-10,DOE PARTNERSHIPS 1-10, DOE UNINCORPORATED
ORGANIZATIONS 1-10;DOE ENTITIES 1-10; and DOE GOVERNMENTAL ENTITIES
1-10,are sued herein under fictitious names because their true names, identities and capacities
are unknown to the Plaintiff, except that they are connected in some manner with Defendants,
and are/were agents,servants,employees,employers,representatives,co-venturers,associates,or
independent contractors of Defendants herein,and were acting with the permission and consent
and within the course and scope of said agency and employment and/or were in some manner
presently unknown to the Plaintiff engaged in the activities alleged herein and/or were in some
way responsible for the injuries or damages to Plaintiff,which activities were a proximate cause
of said injuries or damages to Plaintiff. Plaintiff has made good faith and diligent efforts to
identify said Defendants, including interviewing individuals with knowledge of the claims
herein.At such time as their true names and identities become known,Plaintiff will amend her
Second Amended Complaint accordingly.
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FACTS
9. MS. STABO was a volunteer fire fighter for the County of Hawai'i Fire
Department.
10. In 2021,MS STABO had been a volunteer firefighter in Na`alehu on the
Island of Hawai'i for about ten (10)years.
11. A brush fire in Ka'u was first ignited in or about April 2021.
12. The Ka'u brush fire's flames had gone underground and continued to
burn.
13. Defendants knew that the Ka'u brush fire continued to burn underground
where it could not be easily seen.
14. Ms. Stabo was assigned to respond to the Ka'u brush fire on her birthday,
September 3, 2021.
15. The location of the brush fire was a property owned and controlled by
DEFENDANT STATE OF HAWAI'I.
16. The location of the brush fire was unfenced and open to the public.
17. There were no signs at the location of the brush fire warning of the
underground fires that were and had been burning.
18. There were no signs at the location of the brush fire advising the public or
anyone else to keep out of the area.
19. It was the third fire MS. STABO had responded to after returning from the
mainland a couple of months prior.
20. MS.STABO was unaware and was never informed by Defendants KAZUO
TODD and ERIC MOLLAR, although they knew of the serious risk and danger, that the Ka'u
brush fire was burning underground in the area MS. STABO was assigned to respond to on her
birthday.
21. MS. STABO described the blaze as a small brush fire.
22. Upon seeing a flare-up MS. STABO, along with County of Hawaii Fire
Department Captain Ka'aina Keawe, started to head out to the flare-up with their fire hoses.
23. Upon walking to the flare-up, MS. STABO fell in a pit of burning fire,
waist deep, where the Ka'u brush fire had been burning underground for some 5 months and
which was known by Defendants KAZUO TODD and ERIC MOLLAR.
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24. With the fire burning the vegetation underground,there was nothing to
support the walking surface.
25. MS. STABO experienced extreme pain and sustained severe burn injuries
before she was pulled from the fire pit by Ka'aina Keawe.
26. DEFENDANTS KAZUO TODD and ERIC MOLLAR,the Chief of the
County of Hawaii Fire Department and the Deputy Chief of the County of Hawai'i Fire
Department,respectively,knew about the danger of the underground fires'burning in Ka'u where
MS. STABO responded to the brush fire.
27. None of the DEFENDANTS informed or notified MS. STABO of the
known and substantial danger of the Ka'u underground fire and fire pits.
28. MS. STABO came to find out that prior to MS. STABO falling in the
underground fire pit, there were reports of at least three to four (3-4)burn injuries suffered by
members of the public in this area due to the underground fires that the County of Hawaii Fire
Department and Defendants KAZUO TODD and ERIC MOLLAR were aware of.
29. After MS. STABO was injured Defendant KAZUO TODD made public
statements and made a statement to the media where he admitted that he knew, prior to MS.
STABO being injured, that the fires were burning underground for 5 months in the area MS.
STABO was assigned to fight the brush fire where she was injured.
30. Defendant KAZUO TODD made the following statement to the media
showing that he knew of the dangerous nature of the area MS. STABO was assigned to fight the
subject brush fire,knew of the peril of the underground fire and knew that injury was probable
should a volunteer firefighter not be warned of the underground fire burning in the area when
being sent to fight a fire in the area:"While it looks kind of normal from the top,actually it's been
burning underground for months and months.And when the wind or conditions gets right,smoke
or fire will start peaking up out of the ground, and what we don't realize is certain areas under
ground basically hallowed out.Like they're an imu and there's just a lot of heat,""Looks almost
like dirt and all of the sudden you're waist-deep and it's 400 or 500 degrees under the ground. So
one of our experienced captains immediately went and grabbed her and literally carried her out"
31. Defendant KAZUO TODD also stated openly to the public after MS.
STABO was injured regarding the known fires burning underground related to the incident that
injured MS. STABO:"That particular area is one of those areas that used to be kind of a dump site
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[for old sugar cane tailings].And what happens is the fire can go underground and can stay there
for months, a half a year and in that case the fire I think started 5 months prior."
1 32. Even knowing this fire had been burning underground for 5 months prior to
MS. STABO being assigned to fight the brush fire right in the same area, Defendant KAZUO
TODD and ERIC MOLLAR did not warn MS. STABO of this known risk that they knew not
warning her was probable to cause injury as Defendant KAZUO TODD also stated to the public
that he had personally experienced a similar fire burning underground at 600 or 800 degrees in the
Kohala area where he had to jump on a bolder as his feet began to burn from heat coming from
under the ground on the land he was standing on and his boots were melting.
33. KAZUO TODD also admitted in a public statement that no message was
sent from him,ERIC MOLLAR or anyone else to MS. STABO to warn her regarding the known
fires burning underground in the area she went to fight the brush fire and was ultimately injured.
This statement shows Defendant KAZUO TODD knew of the risk of probable harm to MS.
STABO and he and ERIC MOLLAR consciously failed to inform MS. STABO regarding the fire
burning underground before she began fighting the brush fire in the area with the fire was burning
underground.
34. KAZUO TODD told the Hawaii County Fire Commission after the incident
where MS. STABO was injured that a firefighter[MS. STABO] from a volunteer company was
severely injured Friday while fighting a long-burning underground fire in Ka`u. KAZUO TODD
said,regarding the fire that injured MS. STABO,"It's been burning underground,now,for almost
five months. We've had four injuries,total.Three were civilians.It looks like regular ground,but
it's burnt out underneath.And there's this air pocket that's 400 degrees,500 degrees.And (Stabo)
fell in up to her waist."
35. KAZUO TODD also publicly stated that the incident underground fire was
first ignited in April 2021 and since then the flames had gone underground.
36. KAZUO TODD also commented that the three to four people that were
injured before MS. STABO at the location had burns to their feet.
37. Any reasonable person,including Defendants,would know that there was a
high probability of harm to a volunteer fire firefighter assigned to fight a brush fire in an area fires
were known to be burning underground,at temperatures between 400-800 degrees Fahrenheit,that
could not be seen from above ground by the naked eye.
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38. Defendants KAZUO TODD and ERIC MOLLAR allowed MS. STABO,
without any warning,to work in an environment/area Defendants KAZUO TODD and ERIC
MOLLAR knew to pose a probable risk of harm to any firefighter,such as MS. STABO, fighting
a fire in the area that MS. STABO was burned and injured at.
39. The circumstances surrounding MS. STABO being injured by the
underground fire and the public statements made by Defendant KAZUO TODD show that
Defendants KAZUO TODD and ERIC MOLLAR had knowledge of the underground fires that
injured MS. STABO, knew that injury was probable and likely to occur by assigning MS.
STABO to fight the incident brush fire without being forewarned of the fires that they knew had
been burning underground for 5 months in the area and did nothing to communicate the known
and substantial risk to MS. STABO before she began to fight the brushfire in the area.
40. As a result of the falling into the underground fire pit, MS. STABO
sustained extremely serious injuries,both physical and emotional, that are still being treated and
are not yet stabilized or resolved.
COUNT I—MISCONDUCT
(Negligence, Extreme Carelessness,Recklessness, Wantonness, Etc.)
41. MS. STABO restates and incorporate the preceding paragraphs as though
fully set forth herein.
42. The action and/or inactions of DEFENDANT(S) (hereinafter collectively
referred to as "misconduct"), individually and collectively,were and are:
a) Negligent and Grossly negligent and/or;
b) Careless and/or;
c) Reckless and/or;
d) Heedless and/or;
e) A reflection of extreme foolhardiness and/or;
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F
f) A reflection of callous disregard and/or callous indifference to the rights
and safety of others, including Plaintiffs' and/or;
g) Willful and/or;
h) Wanton and/or;
i) A reflection of a conscious disregard for the safety of the Plaintiff and
public.
43. The misconduct of the DEFENDANTS was a substantial factor in the
injuries of MS. STABO.
44. These aforementioned acts and/or conduct of DEFENDANTS entitle MS.
STABO to damages as provided by law. As a direct and proximate result of said unlawful
practices MS. STABO has suffered financial harm, medical costs, continuing physical pain 24
hours a day, extreme physical injuries and mental anguish, outrage, depression, posttraumatic
stress disorder,great humiliation,severe anxiety about her future and ability to support herself,
disruption of her personal life,loss of enjoyment of the ordinary pleasures of everyday life and
other general damages in an amount which meets the minimal jurisdictional limits of this Court.
COUNT II—PREMISES LIABILITY—As to DEFENDANT STATE OF HAWAI'I
45. MS. STABO restates and incorporate the preceding paragraphs as though
fully set forth herein.
46. DEFENDANT STATE OF HAWAI'I as a land owner has a duty to
exercise reasonable care to maintain its land in a safe condition or to give adequate warning to
persons reasonably anticipated to be on the land.
47. The actions and inaction of DEFENDANT STATE OF HAWAI'I breach
said duty.
48. MS. STABO was reasonably anticipated to be on the land.
49. A condition on the land posed an unreasonable risk of harm to MS.
STABO.
50. DEFENDANT STATE OF HAWAI'I knew or should have known of the
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unreasonable risk of harm,
51. DEFENDANT STATE OF HAWAI'I had sufficient control over the
land to be able to take reasonable steps to remove the unreasonable risk of harm or to give
adequate warning of that risk.
52. DEFENDANT STATE OF HAWAI'I failed to take reasonable steps to
remove the unreasonable risk of harm or to give adequate warning of that risk
53. DEFENDANT STATE OF HAWAI'I's failure was a legal cause of injury
to MS. STABO.
54. The actions/inactions of the DEFENDANT STA lE OF HAWAI'I were
substantial factors in the injuries of MS. STABO.
55. These aforementioned acts and/or conduct of DEFENDANT STATE OF
HAWAI'I entitle MS. STABO to damages as provided by law. As a direct and proximate result
of said unlawful practices MS. STABO has suffered financial harm, medical costs, continuing
physical pain 24 hours a day, extreme physical injuries and mental anguish,outrage, depression,
posttraumatic stress disorder, great humiliation, severe anxiety about her future and ability to
support herself,disruption of her personal life, loss of enjoyment of the ordinary pleasures of
everyday life and other general damages in an amount which meets the minimal jurisdictional
limits of this Court.
PRAYER FOR RELIEF
WHEREFORE, MS. STABO prays for judgment against DEFENDANTS as
follows:
A. That this Court award MS. STABO damages for the aforementioned Count
including, but not limited to, all damages proximately caused by DEFENDANTS' conduct,
including, but not limited to, special and general damages in an amount to be proven at trial;
B. That this Court award MS.STABO reasonable attorney's fees and costs of
suit herein as provided by statute or otherwise as well as prejudgment and post judgment
interest;
C. As DEFENDANTS' conduct in relation to MS. STABO, as aforesaid,
constitutes extreme and outrageous behavior that exceeds all bounds usually tolerated by decent
society. In committing the above acts and omissions, DEFENDANTS acted wantonly and/or
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oppressively and/or with such malice as implies a spirit of mischief or criminal indifference to
civil obligations and/or there has been some willful misconduct that demonstrates that entire
want of care which would raise the presumption of a conscious indifference to consequences,
justifying an award of punitive or exemplary damages in an amount to be proven at trial,that this
Court award MS. STABO exemplary or punitive damages in an amount to be proven at trial;
D. That this Court retain jurisdiction over this action until DEFENDANTS
have fully complied with the order of this Court and that this Court require DEFENDANTS to
file such reports as may be necessary to secure compliance; and
E. That this Court award MS. STABO such other and further relief both legal
and equitable as this Court deems just, necessary and proper under the circumstances.
DA FED: Honolulu, Hawaii, October 25, 2024.
/s/Joseph T. Rosenbaum
JOSEPH T. ROSENBAUM
ELIZABETH JUBIN FUJIWARA
MARCOS R. BENDANA
Attorneys for Plaintiff
ELIZABETH STABO
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IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STA1E OF HAWAI'I
ELIZABETH STABO ) CIVIL NO. 3CCV-23-0000326
Plaintiff, ) (Other Civil Action)
)
) DEMAND FOR JURY TRIAL
vs. )
KAZUO TODD; ERIC MOLLAR; STATE )
OF HAWAI"I; JOHN DOES 1-10;JANE
DOES 1-10;DOE CORPORATIONS 1-10; )
DOE PARTNERSHIPS 1-10;DOE )
UNINCORPORATED ORGANIZATIONS )
1-10;DOE ENTITIES 1-10; and DOE
GOVERNMENTAL AGENCIES 1-10, )
Defendants. )
)
)
)
)
DEMAND FOR JURY TRIAL
Plaintiff hereby demands trial by jury on all issues so triable herein.
DATED: Honolulu, Hawai i, October 25, 2024.
/s/Joseph T. Rosenbaum
JOSEPH T. ROSENBAUM
ELIZABETH JUBIN FUJIWARA
MARCOS R. BENDANA
Attorneys for Plaintiff
ELIZABETH STABO
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