A man who fell several stories at Ala Moana Center is now recovering in a Colorado rehabilitation center.
On Oct. 9, 2016, Macroy Nagato and Nicholas Freitas were leaning against a railing when it gave way.
Freitas was killed. Nagato was critically injured and in a coma for about a month.
According to his attorney, Nagato was transferred to Craig Hospital in Denver, which is considered a world-renowned facility that specializes in spinal cord and traumatic brain injuries.
Rick Fried says his client still has a long way to go.
“He’s making progress but unfortunately his condition is still unstable and he’s likely to be there at least several more months for further treatment until he’s potentially ready to come home,” Fried said. “At that time, there will need to be adjustments to the home he’s living in and that sort of thing, whenever that is.”
Fried says General Growth Properties, which owns Ala Moana Center, paid for Nagato’s transportation expenses.
Fried would not say if or when a potential lawsuit could be filed, but he’s working to find out why exactly the railing gave way and who was responsible.
“You’ve probably all seen the pictures of the massive amounts of rust, which I think we’re all curious as to why that wasn’t taken care of some long time ago,” Fried said. “We have an ocean climate. Rust occurs, and basically that’s what happened. So whose responsibility, when should it have been repaired? These are all the sorts of things, specifically, what was it that was the final straw that led to this unfortunate set up.”
Fried says General Growth Properties is cooperating with their requests.
City inspectors issued a notice of violation after the incident, which required the mall to fix any rusted or deteriorating railings.
A 60-day extension expired Tuesday, and the mall was granted another 30-day extension.