Hawaii Fire Department Named in Lawsuit Alleging Injury During Motorcycle Crash Response

A Hawaii man has filed suit against the Hawaii Fire Department and the County of Hawaii arising out of a motorcycle crash and the emergency response that followed. Cody Conaway filed suit in Hawaii’s Third Circuit Court accusing the department of negligence for compounding the injuries he sustained in the original accident. The suit also names the driver of the vehicle he collided with.

According to the complaint, Conaway was operating a motorcycle northbound on Kuakini Highway in Kona on October 28, 2024. He alleges that another driver, Joni-May Balancio, was traveling in the same direction and attempted to make a right-hand turn without activating a turn signal. The complaint alleges that Balancio negligently “violated [Conaway’s] right of way,” struck him, and dragged both Conaway and his motorcycle for some distance. 

The lawsuit describes extensive injuries allegedly sustained as a result of the collision, including degloving injuries to the right foot and ankle, open fractures of the right foot and fibula, a traumatic rupture of the peroneal tendon, multiple surgeries at two medical centers, prolonged hospitalizations, and the possibility of a below-the-knee amputation. The complaint also alleges ongoing physical pain, emotional distress, anxiety, loss of enjoyment of life, and lost or diminished earning capacity. 

In count two of the complaint, Conaway names the Hawaii Fire Department and the County of Hawaii as defendants based on events that allegedly occurred during the emergency response. The complaint alleges that while firefighters were attempting to render aid to Conaway at the scene, a lifting jack fell onto his leg, causing additional injury and damages. 

The lawsuit asserts that the Hawaii Fire Department was acting as an agent or employee of the County of Hawaii at the time of the incident, and that the County is vicariously liable for the alleged actions and omissions of the fire department under the doctrine of respondeat superior. 

The plaintiff seeks general and special damages, prejudgment interest, attorney’s fees, costs, and other relief as determined by the court. Here is a copy of the complaint.