A lawsuit against Ala Moana Center for a death on their property will be allowed to continue. But with some caveats.
The Hawaii Supreme Court issued a ruling on the 2005 case, where 22-year-old Jasmine Fry died at the mall after getting stuck in an exhaust duct.
The court says Ala Moana Center had a duty to care for her, and control the gasses coming from the food court into the vents, even though she was trespassing on the mall’s roof.
The ruling also affirms a lower court ruling in favor of Ala Moana Center, that it could not have anticipated she would trespass on the roof and couldn’t be held liable for that.
The ruling sends the case back to Circuit Court.