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Tuesday, July 31, 2001



Families sue
Foodland in
fatal crash

They allege the store sold alcohol
to a teen who used a fake ID


By B.J. Reyes
breyes@starbulletin.com

The families of two teenagers killed in a car crash along Kaukonahua Road are suing the Mililani Foodland alleging that the grocery store illegally sold a minor alcohol that factored into the deadly accident.

"An ongoing investigation revealed that the purchase of alcohol was made with fake ID and that the picture on the fake ID bore little or no resemblance to the teenager who used it for the illegal purchase," said attorney Gerard A. Jervis, who filed the lawsuit Friday on behalf of the families of Andrew Delos Reyes and Anthony Alexander.

The Mililani High School seniors, along with classmate Jeremy Tolentino, were killed in the April 12 crash on Kaukonahua Road above Waialua. The car was driven by fellow classmate, Brian J.K. Dade, who lost control, struck a guardrail and was broadsided by another car headed in the opposite direction.

Police said speed and alcohol may have been factors in the crash.

Jervis' lawsuit alleges that an 18-year-old purchased alcohol and later distributed it to other teenagers, including Dade.

Tolentino's family filed a separate lawsuit last month alleging negligence by Dade and other unnamed parties, including those who entrusted him with the car or furnished him alcohol.

Jervis said none of the boys who died in the crash was involved in the purchase of alcohol.

Leslie Komiyama, manager at the Mililani Foodland, said he could not comment on the lawsuit and referred questions to the chain's general office. Maxine Parker, Foodland's director of safety and claims management, also said yesterday that she could not comment because the lawsuit had not yet been served.

Randall Chung, who represents Dade, said yesterday he had not seen Jervis' lawsuit and could not comment on specifics.

"I don't want to say too much because there might be the possibility of criminal action against Brian," Chung said.

Police opened a negligent-homicide investigation into the crash, but as yet there have been no charges filed against Dade, said Art Ross, his criminal attorney. Ross declined comment on the most recent lawsuit.

Jervis' lawsuit seeks general, special and punitive damages against both Foodland and Dade.

In addition to the lawsuits by the teenagers' families, the couple and their daughter injured when their car broadsided Dade's vehicle also are suing for unspecified damages, Chung said.

Jervis said his suit is the only one that names Foodland as a defendant.

"Obviously, these are very large cases," Jervis said. "One of the boys was going to a mainland college on a wrestling scholarship, the Delos Reyes boy. All of those things are factored into the overall damages amount."



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