Acol v. State.
CAAP-21-0000412
| Haw. App. | Jan 14, 2025Background
- Peter J. Kema, Jr. ("Peter Boy"), died in 1997 at age six after prolonged abuse by his parents; his disappearance was concealed for years.
- Plaintiffs (the Acol siblings and estate) allege the State of Hawai‘i Department of Human Services failed to investigate and intervene despite reports of abuse.
- Plaintiffs filed a wrongful death claim in 2018, arguing that the State's delays and inaction contributed to Peter Boy's death.
- The State moved for summary judgment, arguing lack of standing and expiration of the statute of limitations; the plaintiffs moved for partial summary judgment on timeliness.
- The Circuit Court denied the State’s motion, granted the Acols’ motion, and allowed interlocutory appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to Sue Under HRS § 663-3 | The plaintiffs have standing as estate representatives and possibly as dependents of Peter Boy | Only certain close relatives or dependents have standing, and the siblings were not wholly/partly dependent | Siblings may have standing as dependents; issue is factual and not a basis for dismissal at this stage |
| Statute of Limitations—Accrual Date | Claim accrued when plaintiffs learned of Peter Boy's death and facts showing State's liability | Statute runs from Peter Boy’s death date, strictly limited to two years, no discovery rule applies | Accrual is when plaintiffs discovered or should've discovered the claim if there was fraudulent concealment (per statutes) |
| Application of Fraudulent Concealment Tolling | Fraudulent concealment by parents tolled statute, allowing later filing | State did not commit concealment, and Lina always "knew" the facts, so tolling should not apply | Tolling applies if any liable person fraudulently concealed the cause of action; factual issues remain for trial |
| Appropriateness of Summary Judgment Rulings | Circuit Court correctly found the complaint was timely as matter of law | No material disputed facts; claims are time-barred by statute | Genuine factual disputes exist: Circuit Court correctly denied the State’s MSJ but erred granting Acols' MPSJ |
Key Cases Cited
- Lealaimatafao v. Woodward-Clyde Consultants, 75 Haw. 544, 867 P.2d 220 (interprets standing for wrongful death under Hawaii law)
- Waugh v. University of Hawaii, 63 Haw. 117, 621 P.2d 957 (defines claim accrual for statute of limitations in tort against the State)
- Taylor-Rice v. State, 105 Haw. 104, 94 P.3d 659 (strict construction of State's waiver of sovereign immunity and statute limitations)
- Whittington v. State, 72 Haw. 77, 806 P.2d 957 (minority tolling not applicable to tort actions against the State)
- Norris v. Six Flags Theme Parks, Inc., 102 Haw. 203, 74 P.3d 26 (timing of statute of limitations generally a fact question for trier-of-fact)