Legislators urged to pay crash victim

Hawaii’s attorney general is asking the Legislature to pay $700,000 to settle a lawsuit with a Maui man who suffered permanent brain damage in a traffic accident on Hana Highway.

The House Finance Committee recommended to approve the settlement March 28. The full House could vote on it as early as Tuesday.

Doran Shaya was driving his car west on the outskirts of Paia town in January 2010 when he crashed into another motorist, who was traveling in the opposite direction. The other motorist, Kawika Wayne Franco, was attempting to turn left into Mama’s Fish House Restaurant in front of Shaya.

Franco sustained minor injuries.

Shaya suffered severe brain injury. He spent two months in hospitals and is now under 24-hour in-home care provided by his son and ex-wife.

He sued Franco and the state in August 2011. His expert claimed that Franco couldn’t see Shaya coming because of the curve in the highway and overgrown vegetation on an embankment. Shaya settled with Franco last year.

Attorney General David Louie is asking state lawmakers to appropriate the $700,000 to settle its share of the lawsuit. The attorney general told lawmakers that Shaya’s case against the state is not strong but that Shaya was not at fault for the accident.

The attorney general also told lawmakers that a judge could find the state jointly liable with Franco for Shaya’s injuries and do what other judges have done in similar cases: award damages to at least cover future health care needs as well as substantial general damages.