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Restaurant denies
liability in suspected
DUI fatality on Pali

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Star-Bulletin staff

A Kakaako restaurant that had served liquor to a suspected drunken driver involved in a fatal Oct. 7 collision on Pali Highway should not be held liable for the death, says attorney Keith Kaneshiro.

Kaneshiro represents Side Street Inn on Hopaka Street, which is named as a codefendant in a lawsuit filed by Rollie "Rod" and Susan Ambrose, the parents of 19-year-old Dana Ambrose who was killed when her car was broadsided by a car driven by Clyde Arakawa.

Arakawa, who retired from the Honolulu Police Department on Tuesday, and Tropic's Diner on Auahi Street also are named in the suit.

Arakawa reportedly was drinking at Tropic's for about five hours before going to Side Street Inn, said attorney Richard Fried, who filed the suit. Arakawa later returned to Tropic's.

"Side Street is an eating establishment," Kaneshiro said.

"If (Arakawa) had been sitting there drinking all night or was being loud or causing a disturbance, it might be different. But he wasn't there long, so how do they know if a person is intoxicated?"

Kaneshiro added it's difficult even for professionals to determine if someone is intoxicated.

"Unless an establishment is required to give a Breathalyzer, who can tell?" he said.