The numbers from the recent settlement in the civil lawsuits stemming from the March 2006 Ka Loko Dam disaster should be made public. The thousands of taxpayer dollars used to defend the county and state against the wrongful-death and property-damage
The numbers from the recent settlement in the civil lawsuits stemming from the March 2006 Ka Loko Dam disaster should be made public.
The thousands of taxpayer dollars used to defend the county and state against the wrongful-death and property-damage claims gives residents the right to know the amount attorneys agreed to forfeit for our government’s culpability in the tragedy.
The claims filed by Bruce Fehring, entertainer Bette Midler and several others blamed North Shore landowner James Pflueger and other entities for not properly maintaining the dam and reservoir mauka of Kuhio Highway, causing the breach of the dam and reservoir that sent millions of gallons of water seaward, wiping out homes and property and killing seven Kauaians.
While it’s common practice to keep settlement terms confidential in strictly private cases, the public should know how much of their tax dollars are being spent by the county and state to settle cases with the families of the deceased and property owners.
The state was required to inspect the dam at least every five years. This reportedly did not happen. The landowner allegedly impacted the ability of a spillway to function by grading the other side of the reservoir. Multiple parties seem liable here.
The settlement figures can be quite telling in terms of how much responsibility each party agreed to share in the blame.
A criminal trial next spring will determine whether Pflueger inadvertently committed manslaughter. The civil cases had been set to follow in May.
Thousands of taxpayer dollars were spent to hire special counsel to defend the county.
Pflueger’s attorneys continue to assert that the retired car dealer is not the sole person or entity at fault. There is early speculation that his lawyers will try to have the settlement details sealed under court order so as to not prejudice potential jurors in the criminal case where Pflueger is facing seven counts of manslaughter and one count of reckless endangering.
We understand the numbers may come to light when the Legislature considers them for approval in January.
There is no need to wait.
Our local leaders have remained silent on this important matter. We call on you to join us in our request for transparency.
Keeping citizens in the dark on serious matters that affect their wallets fails to serve society and the greater common good.