Judge denies
Arakawa’s claim
for car damage
in fatal Pali crash

MADD criticizes the claim
as showing 'a lack of sensitivity'

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By Debra Barayuga
Star-Bulletin

A state judge threw out a request by former police officer Clyde Arakawa to file a claim against the estate of Dana Ambrose for damage done to his car in the collision that killed the 19-year-old student.

Arakawa filed the motion earlier this month contending his insurance company had failed to make a claim when responding to the civil suit filed by Ambrose's estate in November.

Ambrose's parents had sued Arakawa and two establishments that allegedly served the off-duty police officer alcohol the night he collided with Ambrose at Iolani Avenue and Pali Highway Oct. 7.

Circuit Judge Sabrina McKenna did not explain the basis for her denial yesterday, but Ambrose attorney Richard Fried said the court reviewed the records in the case, including the timeliness of the claim.

Fried and Mothers Against Drunk Driving Hawaii yesterday criticized Arakawa for filing the "spurious" claim, saying it had no merit and could not have come at a worse time. Ambrose would have turned 20 on Monday.

While Arakawa had the legal right to file the claim, his concern about damage to his car appears so trivial in comparison with the Ambroses' loss of their daughter, said Theresa Paulette, immediate past president of MADD-Hawaii. "His action shows a lack of sensitivity to the unbearable grief that a parent faces when a child is suddenly and violently killed."

Arakawa's claim is another attempt to shift blame on Ambrose for the October collision, Paulette said.

Attorney Guy Matsunaga, representing Arakawa on the motion, said the intent was to go after Ambrose's insurance company, not her estate, a standard procedure in civil cases, particularly when extensive damage occurs.

An assessment has not yet been done to determine the extent of damage to Arakawa's 1993 Thunderbird, which Fried says has a blue book value of about $3,000.

Arakawa maintains he is not responsible for Ambrose's death and it was a malfunctioning traffic light that caused the collision. Because he feels he has been wronged, Arakawa believes he should be compensated for the damage by the insurance companies, Matsunaga said.

Trial on the civil suit has been set for April 2002 after Arakawa has been tried on the criminal charge of manslaughter. That trial is set for July 16.