Changing Hawaii

By Diane Yukihiro Chang

Friday, July 19, 1996


Some nifty pointers to avoid
getting sued

UH, oh. A ruling last week by the Hawaii Supreme Court has made plaintiffs' attorneys very, very happy - and you know what that means. The rest of us had better make absolutely zero mistakes in our lifetimes, or risk getting our precious okoles sued.

Don't worry. Here's a handy little primer to consult after the justices' stunning reversal of a Circuit Court decision involving Mabel Ganal. Incredibly, this is the same progressive Supreme Court which believes that gays should be allowed to marry.

Yet it has archaically decreed that Mabel Ganal should be punished for having an affair.

Remember this notorious case? It started back in 1991, when the marriage of Mabel and Orlando Ganal began to falter. Mabel fell in love with a co-worker, David Touchette. Eventually, she moved out to stay at her parents' home in Waipahu.

On Aug. 21, 1991, Orlando went on a rampage. He fatally shot Mabel's mom and dad, and wounded Mabel and their son. He set the laundry where he worked on fire, and torched the residence of Michael (David's brother) and Wendy Touchette. The Touchettes' two children died of thermal burns and smoke inhalation; Michael passed away in the hospital.

Wendy Touchette hired attorneys to sue Orlando (currently serving a murder sentence in prison) and Mabel, who have homeowners' insurance in both their names. When a motion to dismiss was successfully filed on behalf of Mabel, it looked like she was out of the lawsuit.

Not so fast. Last week, the justices unanimously agreed that the case be remanded to court because Mabel might be liable for Orlando's heinous acts. Why? Because she should have "refrain(ed) from conduct that would create an unreasonable risk of harm" to others.

Yikes. The Hawaii Supreme Court's mandate now sends these chilling messages (quoted below, in part, from the original civil complaint) to everybody in the state:

Wow, talk about being your brother's keeper! The floodgates on potential defendants in this town have just opened wide.

SINCE litigation is serious business, take my advice. Live a good, clean life. Don't cheat on your mate - or at least don't get caught.

Do NOT get anyone mad because, if they break the law, it could be your fault. If you do upset someone, immediately send out verbal or written warnings or, better yet, take out an ad in the newspaper that says, "I riled this person and he/she may retaliate in an unforeseen fashion."

Do your best to prevent "injury and death" from being inflicted on others, even if it means sleeping outside the homes of potential targets.

In essence, forget the tired old excuse that "the devil made me do it." Here's a more useful modern-day version, courtesy of the highest court in Hawaii: "Yes, I may have done it - but anybody else is to blame."



Diane Yukihiro Chang's column runs Monday and Friday.
She can be reached by phone at 525-8607, via e-mail at
DianeChang@aol.com, or by fax at 523-7863.




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