Fallen Honolulu firefighter Cliff Rigsbee suffered fatal injuries after going over the top of a wave 8 feet high or taller during a training exercise in the ocean off Diamond Head last year, according to a lawsuit filed by Rigsbee’s son against the city.
Clifford MacArthur Rigsbee filed the lawsuit in U.S. District Court Monday as the personal representative of his father’s estate.
The Honolulu Fire Department said the elder Rigsbee was on a sled being towed by a water rescue craft on June 14 last year when he suffered fatal injuries.
According to the lawsuit, the watercraft and sled already had gone through two 8-foot or taller waves that had crested and broken, then went over the third wave in the set. The operator of the watercraft looked back after the third wave and saw Rigsbee motionless, face-down in the water about 5 feet away, the lawsuit said.
HFD said other firefighters, including one who was off duty and surfing nearby, took Rigsbee to shore. A city ambulance crew took Rigsbee to Straub Medical Center, where he died two days later.
The Honolulu Medical Examiner says Rigsbee, 63, died from blunt force injury of the head and neck, which fractured vertebrae in his neck and injured his spinal cord.
The Hawaii Occupational Safety and Health (HIOSH) Division issued HFD two citations and assessed the department penalties totaling $15,400 for failing to identify, evaluate or control workplace hazards and for failing to replace or take out of service the ignition key lanyard to the Yamaha WaveRunner that was towing Rigsbee.
HIOSH said the command post safety officer had no view of the training area and was not able to modify or suspend the training in light of the surf conditions. The agency also said the key lanyard, which is attached to the operator to shut off the watercraft when the operator falls or jumps off, was corroded and broke during the accident.
The city did not respond to requests for comment.
