Circuit Judge Dexter Del Rosario today granted the state's request to appeal his earlier ruling that the state was negligent and liable for the eight deaths and numerous injuries in the Mother's Day 1999 rockslide at Sacred Falls. Judge OKs appeal
on Sacred Falls ruling
Star-BulletinDel Rosario's approval clears the way for the state to file an appeal. Today is the deadline for the state to file an appeal.
Del Rosario had asked the state and plaintiff attorneys last week to attempt to reach a settlement.
Attorneys representing the families of the deceased and injured opposed an appeal and indicated they intend to file a writ to the Supreme Court appealing Del Rosario's decision.
The state sought permission to file the appeal, saying the state parks system needed guidance on how to continue operating in light of Del Rosario's earlier ruling.
They said the ruling has far-reaching implications that affect the state's duties as a landowner and the way it manages its parks.
Del Rosario had found the state liable for not having maintained proper signage, warning of the danger of falling rocks at the scenic attraction.
Plaintiffs had offered to settle the case with the state for $10 million.
State of Hawaii