Emergency Alert Lawsuit
38 minutes after the alert went out, the alert was retracted after admitting that it was sent on accident. However, Shields and Reichel believed it to be true. They had decided that there wasn't much they could do to protect themselves, so they went to die at the beach.
The couple called their children for their final goodbyes. Reichel's son is a member of the Army National Guard, and he said the threat was real, so it confirmed their belief that the threat was real. Shortly after, Shields started feeling severe pain in his chest. He tried to cool down by going into the water, but when that didn't help, they went to the hospital. After they arrived, Shields went into cardiac arrest and had a heart attack. He was saved by professionals who performed CPR and emergency surgery. Cardiologist John MacGregor notes in the complaint that the alert was a substantial factor in causing the heart attack. Prior to the attack, he had no known cardiac disease.
Attorney Samuel King Jr. filed the lawsuit of behalf of the couple against of the state of Hawaii and the former administrator of the Emergency Management Agency Vern Miyagi who resigned after the false missile alert. Reichel is also included in the lawsuit because she was present and suffered "emotional upset". The false missile alert caused a mass panic in Hawaii on January 13 when it was sent to over 1 million people during an emergency drill by Hawaii Emergency Management Agency. Over 5,000 calls were made to 911 during the false alert, but at least half of them did not go through because they were so busy. Mayor Kirk Caldwell said that no accidents were caused by the false alert, besides one man who crashed a golf cart. The alert was sent out as a result of human error. Officials new within minutes the alert was false, but they couldn't retract it sooner because they did not have a plan in place if that happened.
Comments from Allen: Before Donald Trump was having Dim Sum with Kim Jong-un, North Korea was saber-rattling and firing test missiles over Japan and Guam. Kim began making threats that he could nuke Hawaii.
For the people on the islands, this had to bring back thoughts of how the peaceful tropical island of Oahu was, without warning, viciously attacked by Japan on December 7, 1941. To this day, the attack on Pearl Harbor is very real to Hawaiians. Getting an official government alert that everyone would understand meant an incoming nuclear missile was about to hit the islands would send sheer terror throughout the populace.
I would start analyzing this matter by identifying what type of lawsuit this is. I would categorize it as "negligent infliction of emotional distress." In most instances, negligent infliction of emotional distress, as a cause of action, is fairly weak. Some states require physical injuries that accompany the distress before allowing any damages.
In this case, however, the plaintiff did suffer physical harm as a result of the distress, so it makes his case for damages stronger.
The next question is whether the State of Hawaii allows itself to be sued for such claims. This question falls under Hawaii's Tort Claims Act, which allows the state to be sued in negligence actions just as a normal person could be held liable, with several specific exceptions. In reviewing the exceptions, there is no exception in the act which prevents citizens from suing Hawaii for negligent infliction of emotional distress, so it appears this suit can go forward.
Hawaii allows people to bring actions for negligent infliction of emotional distress, even if there are no physical effects. I think James and Brenda have a case against the State, and if they have a case, over 1 million people in the state have a case against the State of Hawaii. This case will be a nightmare for the people who administer claims against the State, as the threat was real, the terror was real and coming from a reliable source, and there appears to be no law barring these claims.
Sources for more information:
For the people on the islands, this had to bring back thoughts of how the peaceful tropical island of Oahu was, without warning, viciously attacked by Japan on December 7, 1941. To this day, the attack on Pearl Harbor is very real to Hawaiians. Getting an official government alert that everyone would understand meant an incoming nuclear missile was about to hit the islands would send sheer terror throughout the populace.
I would start analyzing this matter by identifying what type of lawsuit this is. I would categorize it as "negligent infliction of emotional distress." In most instances, negligent infliction of emotional distress, as a cause of action, is fairly weak. Some states require physical injuries that accompany the distress before allowing any damages.
In this case, however, the plaintiff did suffer physical harm as a result of the distress, so it makes his case for damages stronger.
The next question is whether the State of Hawaii allows itself to be sued for such claims. This question falls under Hawaii's Tort Claims Act, which allows the state to be sued in negligence actions just as a normal person could be held liable, with several specific exceptions. In reviewing the exceptions, there is no exception in the act which prevents citizens from suing Hawaii for negligent infliction of emotional distress, so it appears this suit can go forward.
Hawaii allows people to bring actions for negligent infliction of emotional distress, even if there are no physical effects. I think James and Brenda have a case against the State, and if they have a case, over 1 million people in the state have a case against the State of Hawaii. This case will be a nightmare for the people who administer claims against the State, as the threat was real, the terror was real and coming from a reliable source, and there appears to be no law barring these claims.
Sources for more information:
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