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CUC agrees to settle case filed by 3 foreign workers
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Posted on Jun 13 2000
Three Chinese nonresident workers who suffered serious physical injuries as a result of an electrocution incident in February 1994 may soon be able to receive payment for damages after the Commonwealth Utilities Corp. agreed to settle the case.
The two parties, however, have yet to agree on the terms of the settlement. But sources said the amount being considered is between $50,000 to $100,000.
Huang Shu Han, Duan Tieling and Yan Dongmei suffered severe physical injuries when they accidentally came into contact with high voltage power lines above the former Prince Theater.
Originally, the Department of Public Works was also named as one of the defendants but Superior Court Associate Judge Timothy H. Bellas dismissed the case against DPW saying the government agency could not be held liable for injuries sustained by the three guest workers.
At the same time, Judge Bellas also removed businesswoman Roma Diaz Aranda from the lawsuit after she decided to settle the case with the plaintiffs. Ms. Aranda owns the building in Chalan Piao where the former Prince Theater was located.
Yin Star Corp., employer of the plaintiffs, also a defendant in the case, was in default since it never answered the lawsuit.
The complaint said CUC had violated the National Electric Safety Code which it had adopted on the minimum power line length requirements. Based on CUC’s measurements, the powerline following the accident was only 4 ft. 8 inches above the top of the decorative masonry block work at the Prince Theater.
A declaration made by a Hawaii-based electrical engineer said pursuant to NESC, the minimum vertical clearance for the power lines over projections not readily accessible to pedestrians is 12.5 ft.
