The Honolulu City Council voted unanimously Wednesday to approve a $1 million settlement of a lawsuit by the family of a Honolulu woman who died after she was struck by a city refuse truck in Kalihi in February 2014.
Barbara N. Kato, 70, died from her injuries after being struck while crossing at a crosswalk at North King Street and Gulick Avenue about 5:49 a.m. on Feb. 27, 2014, court documents said.
Kato, who lived nearby, was on her way to work when the incident happened, police said at the time.
The city garbage truck, driven by Denise A. Kekumu, was Honolulu-bound on King and was attempting to turn left onto Gulick when it struck Kato as she was crossing, court documents said. Kato died about three hours later.
Michael Cruise, an attorney for Kato’s estate and her sons, Keith and Kevin, said he hopes the city will take steps to prevent further such incidents. The fatality was the third within a 12-month period involving a pedestrian struck by a city garbage truck, and Kekumu had a history of eight prior avoidable collisions while operating a garbage truck, Cruise said.
“Hitting walls, parked cars, things like that, all red flags that she needed some attention (given) to her driving skills, and she never got it,” Cruise said. A union contract specifies that a driver’s violations are expunged after two years, he said, “so they end up with at least some drivers that have pretty bad driving histories and they’re not getting retrained and that issue is not being addressed. It’s a public safety issue.”
Councilman Ron Menor, chairman of the Executive Matters and Legal Affairs Committee, said it was a clear case of negligence and that the driver was inattentive. Kekumu was disciplined as a result of the incident, he said.
City Corporation Counsel Donna Leong said “this was a very unfortunate incident” and that the city’s sympathies go out to Kato’s family.
The Council on Wednesday also voted to:
>> Give unanimous and final approval to Resolution 16-242, granting Alexander & Baldwin Inc. a special management area use permit to put up three new beachfront condominiums on Kahala Avenue for about $40 million, despite opposition from neighbors and the Waialae-Kahala Neighborhood Board. The project will consist of three two-story buildings each containing two homes.
>> Give tentative approval to Resolution 16-213, clearing the way for the city to use its condemnation powers to force the sale of disputed lands in Kakaako.