Suit settled for
1997 Palolo fireThe City Council must
OK the settlement made
to the Faumuina family
The city has settled a lawsuit filed by the survivors of a Palolo family who lost seven members in an October 1997 house fire.
Attorneys for the city and the plaintiffs confirmed yesterday a settlement had been reached but declined to give details because it remains subject to City Council approval. The parties informed the court yesterday they had reached a settlement Tuesday night.
The city and the Honolulu Fire Department were the remaining defendants in the nearly 6-year-old case, which stemmed from the deadliest residential fire in Honolulu's history. Elaine Faumuina and son Ulu Jr. were the only survivors in the fire that killed her husband, Ulu Sr.; son Kalani; daughter Mona Asuao; her daughter's husband, Tupu; and their three children, A.J., Sene and Ramona.
Faumuina and other family members filed suit in September 1999, naming the city, Fire Department, landlords Ted and Patricia Li, the Honolulu Board of Water Supply and Clow Valve Co., manufacturer of the fire hydrant that failed to operate on the night of the fire.
The jury was to decide whether the Fire Department's failure to divert from an earlier medical emergency to respond to the Faumuina fire was the legal cause of the injuries sustained by the victims, said Marie Gavigan, deputy corporation counsel.
The city's position has been that the home was engulfed in flames by the time the first 911 calls came in, she said. Even if Engine 33 from the Palolo Fire Station had responded to the fire instead of continuing on to the medical emergency, it would not have made a difference for the victims, Gavigan said.
"There was no dispute this was a tragedy, and we're certainly sorry about the Faumuinas' loss, but it's not to say that it was our fault," Gavigan said.
The court earlier made a finding that the Fire Department had not acted improperly in fighting the fire.
Wayne Sakai, lead attorney for the Faumuinas, said the tentative settlement was the appropriate way to put an end to the long-standing case. "We felt it was in the best interest of the family members to put this horrendous calamity behind them," Sakai said.
"I think no one wanted to relive the horror of that night," said Jeff Portnoy, attorney for the Lis. "It had a very devastating effect on the (Faumuina-Asuao) family and the Lis."
The Lis maintained that they were not bound by any legal duty to install smoke alarms, he said. Even if the alarms were installed, the occupants were aware of the fire early on and had an opportunity to flee but made the decision to fight the fire and were unable to escape, Portnoy said.
The Lis, Board of Water Supply and Clow reached confidential settlements with the plaintiffs earlier. None of the parties admitted liability.
Attorney Harvey Henderson, who represented the Board of Water Supply, noted that insurance would cover its settlement.
