State preparing for more
Sacred Falls lawsuits

By Pat Omandam
Star-Bulletin

The head of the state Department of Land and Natural Resources says more lawsuits may be filed as a result of the rock slide at Sacred Falls that killed eight people and injured 50 others last Mother's Day.

Land Board Chairman Tim Johns told the House Finance Committee yesterday that three lawsuits have been filed so far against the state. Personally, said Johns, he expects there probably will be more. The most recent lawsuit was filed this week by a Canadian man who sued the state for negligence in the death of his wife and injury to his son.

Johns said for the past three months, the department has been working with the attorney general's office preparing for litigation. He said there is no timetable for when cases may be heard.

As for Sacred Falls, Johns told Finance Chairman Dwight Takamine (D, Hilo) that the department is tackling the issues two ways. First, it is working with a U.S. Geological Survey team to determine risks the steep valley poses to people, as well as other state trails and parks. The results will help the state set policy for such areas and whether they should remain as parks, trails or closed altogether, he said.

Also, the department is working with the community to see what the area can be used for if access to the back of the valley is closed. Johns said the valley falls and pool are a relatively small area of the park.

"The park is much broader than the back of the valley," Johns said.

State Rep. Ezra Kanoho (D, Lihue) asked if there was any way to immunize the state from liability when the park is reopened if geological surveys show the rock slide was a rare occurrence.

Johns said there is probably nothing the state can do to prevent anyone from filing a lawsuit against it. He said that rocks still fall from the valley wall and continue to pose a threat to parks employees whenever they venture into the valley.

"How much risk are we willing to subject our people to?" Johns said.