Hawaii Supreme rules on wrongful death suit at Ala Moana

Ruling: Ala Moana had duty to care for woman stuck in duct; center not liable

Published  11:25 AM HST Jul 19, 2013
HONOLULU -

A Hawaii Supreme Court ruling says Ala Moana Center had a duty to care for a woman who died after getting stuck in an exhaust duct.
    
But the opinion filed Thursday also affirms a ruling that Ala Moana couldn't have anticipated she would trespass onto the mall's roof and couldn't be held liable.
    
Family of 22-year-old Jasmine Fry filed a wrongful death lawsuit.  Fry was about two months pregnant in 2005 when she died of hyperthermia after rescuers removed her from the duct.
    
Security had found the Kona woman barefoot and acting erratically on the roof.  She squeezed into the duct above the food court and got trapped in the stove hood.  The medical examiner suggested she suffered a psychotic episode.
    
The ruling sends the case back to Circuit Court.

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