The Hawaii County Council on Thursday voted to indemnify against liability former Department of Parks and Recreation director Maurice Messina, former deputy director Michelle Hiraishi and four current or former Parks and Rec employees in a wrongful death lawsuit related to a fatal workplace incident more than four years ago.
The vote was 8-0 on Resolution 183-25, with Puna Councilwoman Ashley Kierkiewicz absent and excused. The resolution was introduced by Puna Councilman Matt Kaneali‘i-Kleinfelder.
The civil suit was filed in January 2023 in Kona Circuit Court by Aryn Yoshida of Austin, Texas, son and representative of the estate of Ryan Yoshida, a tree trimmer for Parks and Rec, who — according to the lawsuit — fell from a 60-foot tall coconut palm tree he was trimming at Hale Halawai Beach Park in Kailua-Kona on Jan, 27, 2021, and died 12 days later.
Ryan Yoshida’s daughter, Kaycie Yoshida, sons, Spencer and Cody Yoshida — all adults residing in Austin — and mother, Cheryl Yoshida, of Hilo, also are plaintiffs in the litigation, which seeks unspecified damages, attorneys fees and costs.
The plaintiffs claim gross negligence by the defendants and negligent or reckless infliction of emotional distress.
In addition to Messina and Hiraishi, the complaint names as defendants the county, plus Parks Maintenance Manager James Mattos, former tree-trimming crew supervisor Thomas Mattos, tree-trimming crew supervisor Daren Sakoda and tree-trimmer James Ah Sing.
All defendants are being represented by the Office of Corporation Counsel, the county’s civil attorneys.
A jury trial in the case is set for Sept. 30.
The 54-year-old Yoshida died Feb. 8, 2021, after family members took him off life support. The complaint called it a “difficult decision” made after Yoshida “sustained traumatic and life-ending injuries, including but not limited to, severe brain damage, fractured legs, fractured spine, fractured jaw and internal bleeding.”
The lawsuit alleges that Yoshida “was required to climb and trim” the tree “without any proper training and equipment.”
According to the document, Yoshida “was equipped with spikes, a lanyard and rappelling rope” and fell “suddenly and without warning” when he was about 2 feet from the top of the coconut palm.
Yoshida was taken by ambulance to Kona Community Hospital and later medivaced to The Queen’s Medical Center in Honolulu.
According to the lawsuit, Yoshida’s death “prompted a formal investigation conducted by Hawaii Occupational Safety and Health Division, which ultimately resulted in serious violations and penalties” against county Parks and Rec.
The legal action also claims the county failed to implement “recognized and accepted industry practices relating to the installation of rappelling lines using a single-rope technique, over-pruning of palm fronds, proper use and availability of safety equipment (and) fall protection and prevention … .”
It also alleges Yoshida was not provided an aerial lift and that his “job security was threatened if he did not perform his tree trimming responsibilities.”
The resolution authorizes the county to pay damages, including punitive damages, that may be assessed against the current and former Parks and Rec employees, stating that any actions or failures to act by the defendants “were in good faith, without actual malice, to serve the county and in the apparent best interests of the county.”
Email John Burnett at [email protected].
