LIHU‘E — Kaua‘i County has filed a motion asking a state judge to unseal the county portion of the settlement in the Ka Loko Reservoir wrongful-death and property-damage civil cases. There hearing is scheduled for 1 p.m., Jan. 19. The
LIHU‘E — Kaua‘i County has filed a motion asking a state judge to unseal the county portion of the settlement in the Ka Loko Reservoir wrongful-death and property-damage civil cases.
There hearing is scheduled for 1 p.m., Jan. 19.
The motion will be heard before 5th Circuit Judge Kathleen Watanabe, who earlier ordered the state share of the settlement unsealed in granting a state motion that received no objections from any of the involved parties. The state’s share of the settlement is $1.5 million.
The motion was filed in part due to The Garden Island’s written public-records request for the county’s share of settlement money to be disclosed, according to Teresa Tico, a North Shore attorney representing plaintiffs in the case who lost their lives and property when the dam burst in March 2006.
Retired Honolulu car dealer James Pflueger is set to be tried on seven manslaughter charges in criminal court before 5th Circuit Judge Randal Valenciano later this year in connection with the incident where seven people died as a result of millions of gallons of water rushing makai across Kuhio Highway through a residential neighborhood just east of Kilauea after the dam failed.
Tico, representing plaintiffs in the case including Bruce Fehring, Bette Midler and others, said there is no doubt The Garden Island request along with requests from other media led to the county’s filing.
“We hope the global settlement of the Ka Loko Reservoir lawsuits brings closure to those who lost loved ones, property owners who suffered damage, as well as to our island community,” County Attorney Alfred Castillo said in a statement.
In the interest of public disclosure, the county recently filed a petition to unseal the Ka Loko dam litigation settlement and the appendix to the settlement in the four lawsuits that followed the breakdown of Ka Loko Reservoir’s earthen dam, a county news release states.
The county is requesting that the court unseal the settlement agreement to reveal the amount of money that the county is responsible to pay and the amount to be covered by insurance proceeds, the release says.
“At least that portion of the settlement, the county’s portion, will likely be unsealed,” Tico said Thursday.
Earlier, she said she thought it was improper to seal details of settlements regarding public funds.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.
