HONOLULU — A Maui judge found the state was liable for the deaths of two people in a car that plunged 150 feet from a scenic overlook in 2005 and must pay more than $3.2 million in damages.
Maui Circuit Court Judge Joseph Cardoza on Wednesday issued a 200-page decision finding the state “solely and wholly” liable for the deaths of James Makekau and Denise Callo.
The car they were riding in fell from an unofficial scenic overlook on Honoapiilani Highway when a portion of the wall collapsed. The car tumbled down a slope and plunged to the rocky shoreline below.
A 3-month-old girl and her 16-year-old mother also riding in the car survived the crash. Rescuers found the infant crying and relatively unharmed in the back of the car.
Callo was driving. A medical examiner at the time found she had a blood-alcohol level of 0.27 percent and had been using marijuana.
“We are disappointed by the court’s decision,” said Joshua Wisch, special assistant to the state attorney general. “The state presented substantial evidence at trial to show that it was not at fault. The official police investigation concluded that the driver was almost three times over the blood alcohol legal limit, had been smoking marijuana with the passengers, and actually drove off the cliff.” The state has 30 days from the time that the court enters a judgment to decide whether to appeal.
According to the ruling, the state was aware that the old highway was being used as a scenic lookout, yet there were no barriers to limit access or prevent a vehicle from going over the cliff’s edge.
“For seven years I didn’t see the beauty in our islands anymore, and in life,” Makekau’s mother, Kalena Dougher, said Thursday. She was on a spur-of-the-moment road trip to Hana when she got the call Wednesday from her Honolulu attorney Michael Livingston about the ruling. “The island is beautiful because I can let my son rest. That’s what it’s about — finding peace and beauty in life again.”
“It’s very bittersweet,” she said. “There’s nothing that can bring him back.”
Dougher recalled a visit last year with Tiffany Romena’s daughter, Kyla, the infant who survived. “It was a miracle to be able to hold her,” Dougher said. “She’s 7. She’s gorgeous. Gorgeous.” — AP