
In a federal court suit filed yesterday, Warren Kobatake of Pleasanton Corp. in Waimanalo and Malcolm R. Saxby of Puna Certified Nursery Inc. on the Big Island contend they settled for far less than they would have had the evidence been forthcoming. The pair would not disclose the amounts of their settlements.
Both Kobatake and Saxby were plaintiffs in lawsuits filed in Georgia in 1992 against DuPont alleging Benlate severely damaged their ornamental plant crops.
"I've been practicing law for 20 years and I've never seen fraud like this committed by anyone let alone a supposedly reputable company," said the growers' attorney, Howard Glickstein.
DuPont officials could not immediately be reached for comment.
"The family wants to have something done so not any more lives are taken," said family friend Michael Ostendorp.
The community had sought more signs and more traffic monitors to help Palisades Elementary students get to school safely, he said. Budget cuts had drowned their pleas. Now the community is circulating a petition demanding the city hear their requests.
As school let out yesterday, one crossing guard was at the top of the hill fronting the school entrance but none was at the bottom where Jessica was hit, Ostendorp said.
On Tuesday morning, a motorist headed up the hill on Auhuhu Street had stopped to allow Jessica, her two sisters and brother to cross. The driver of a pickup headed down Auhuhu apparently did not see her as she walked ahead of the group, and struck her, Ostendorp said.
Police questioned the driver, a 41-year-old Pearl City man, and began a negligent homicide investigation.
Although traffic investigators have said the driver did not appear to be speeding, Jessica's family disagrees.
"There's just no way he was going 25 (mph)," the speed limit for the residential area, Ostendorp said.

Several shots rang out about 9:35 p.m. at 3482 Salt Lake Blvd. during an affray involving seven to 10 people, police said.
A carload of people had arrived at the home earlier to return property that had been stolen from the resident, police said. The fight apparently broke out because not all the property was returned.
Officers responding to reports of gunshots spotted the 29-year-old in the area. Police said they don't know whether the suspect did the shooting. He fled when he saw the officers and was tackled nearby.
He and witnesses were reluctant to cooperate in the investigation, police said. Most had scattered before officers arrived.
Police recovered three 9 mm casings and bullet fragments in the area. One shot apparently struck a window of the house across the street, but no one was injured. A firearm was not recovered.
The suspect, who apparently was intoxicated, was taken to St. Francis Hospital for treatment. He had cut himself after smashing the windshield and driver's side window of a car nearby, police said.
The suspect, who lived in the same building at 1609 Ala Wai Blvd., apparently had argued with his mother. After she left for work last night, he went to the apartment his mother and younger brother shared and apparently started the fire, police said.
He allegedly kicked the door of the squad car as officers took him away.
He was booked for criminal property damage and harassment.
The woman, 23, called police after she was released on Hakimo Road around 12:30 p.m. yesterday. She was taken to the Waianae Coast Comprehensive Health Center for treatment of injuries to her face and arms.
Police know the identities of the couple they are seeking. The victim, of Waianae, apparently was involved in a love triangle that involved the other woman, police said.
- House fire possibly set
- Crash victim identified