Negligence suit
filed against state
in stevedore’s death

By Debra Barayuga
Star-Bulletin

The family of a stevedore who drowned after backing his forklift off a dock at Barbers Point deep-draft harbor May 25 is suing the state.

The lawsuit filed in Circuit Court yesterday charges the state with negligence for failing to provide adequate safeguards and barriers at the deep-draft harbor and in doing so, violated federal, state and industry standards.

The suit was filed by Edgar Fernandez's sister, Zena-Mae K.K. Fernandez, special administrator to her brother's estate and guardian to his minor daughter Chelsea Fernandez; and adult daughter Tracy Fernandez.

Officials for the Department of Transportation which operates the state's harbors could not be reached for comment.

Federal investigators from the Occupational Safety and Health Administration have said the accident could have been prevented had safety rails been in place.

Shortly after the death, the agency issued an "imminent danger notice" to Honolulu-based Hawaii Stevedores Inc. to notify workers of the danger at the site and advise drivers to steer clear of the dock edges.

Kenneth Hipp, attorney for Hawaii Stevedores, has maintained the company is in compliance with regulations and that the state is responsible for maintaining the docks.