Judge rejects
lawsuits vs. Xerox

Workers' comp laws prevent
the families of 7 men killed
from suing the company

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By Debra Barayuga
dbarayuga@starbulletin.com

A circuit judge ruled yesterday that Xerox Corp. cannot be sued by the families of the seven men who were killed in a shooting rampage by copy machine repairman Byran Uyesugi in November 1999.

Judge Eden Elizabeth Hifo found that the exclusivity provisions of Hawaii's workers' compensation law precludes losses from a company when someone receives a work injury. But she said the law does not preclude the families from suing Xerox employees.

Killed in the state's worst mass murder were Jason Balatico, Ford Kanehira, Ronald Kataoka, Ronald Kawamae, Melvin Lee, Peter Mark and John Sakamoto. Their families filed two separate wrongful-death lawsuits against Uyesugi, Xerox and others less than two years after the killings.

"It is clear that Byran Uyesugi caused the deaths," Hifo wrote in the ruling. "Under the applicable workers' compensation statute, it is clear that the deaths are compensable injuries."

The workers' compensation law, in part, reads, "Accidents arising out of and in the course of the employment includes the willful act of a third person directed against an employee because of the employee's employment."

Hifo said it was Uyesugi's "willful act against his co-employees for which Xerox is responsible under the workers' compensation law, and the same law precludes all other liability of Xerox."

Attorneys for Xerox had argued Monday that the workers' compensation law clearly says that if an employee suffers a work injury and the employer provides compensation irrespective of proof or fault, then the employee cannot sue the employer.

"This tragedy has been difficult for everyone, and (Xerox) has a lot of sympathy for the victims and their families," said Crystal Rose, attorney for Xerox. "But Xerox provided workers' compensation and other benefits, so we feel the ruling was appropriate and correct."

Attorneys for the families could not be reached for comment.

In the lawsuits, the families alleged that Xerox supervisors were aware of prior threats made by Uyesugi and previous outbursts of violence but did not do enough create a safe workplace for co-workers.

A second lawsuit alleged that health-care providers and mental health experts at Castle and Kaiser medical centers who treated Uyesugi before the killings were negligent by failing to provide adequate warning to others of Uyesugi's mental illness and to arrange continued care for him.

The lawsuits against Xerox also named Xerox managers and the estate of Melvin Lee, one of the Xerox supervisors who was killed, as defendants.

While the workers' compensation statute allows for actions against co-employees, the standard of proof is high. Plaintiffs must prove "by clear and convincing evidence" that the personal injury was caused by the employee's "willful and wanton misconduct."

According to evidence at trial, Uyesugi, unhappy about a potential increase in his work responsibilities and allegedly operating under a delusion that his co-workers were conspiring against him, opened fire on his co-workers and supervisor at the Xerox building on Nimitz Highway the morning of Nov. 2, 1999, killing seven people before fleeing to upper Makiki. He held police at bay for six hours before surrendering.

A jury rejected his insanity defense in June 2000 and quickly found him guilty as charged of first-degree murder. He is serving a 235-year sentence.