Lawsuit filed over death of 8-year-old boy on Maui
WAILUKU » A lawsuit has been filed on behalf of a Texas father and mother in the traffic death of their 8-year-old son in West Maui, charging General Motors Corp. failed to provide the proper seat belt restraint.
Kenneth Smith Jr. and Susan Moulton, who filed the lawsuit in Maui Circuit Court, alleged the seat belt in General Motor's Chevrolet Malibu enhanced the crash injuries and brought about the death of their 8-year-old son, William Smith.
The lawsuit, filed Friday, charged that neither Alamo Rent-A-Car nor General Motors warned the couple about the dangers that can result to a person of their son's size from using the seat belt.
Moulton was driving in the Maalaea direction on Honoapiilani Highway near Ukumehame Wayside Park on June 3, 2007, when a car driven by Brittney Mooney in the opposite direction crossed the center line and collided with the Malibu.
Moulton's son, who was in the front passenger seat of her vehicle, was critically injured and rushed to Maui Memorial Medical Center, where he later was pronounced dead.
Mooney and the state, which allegedly provided an unsafe highway, were also named in the lawsuit.
Police Lt. Robert Hill said an investigation was continuing into the crash and that the results of the probe would be forwarded to the county prosecutor's office once completed.