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Potter v. Hawaii Newspaper Agency2/19/1999
nd he knew that you didn't have one?" A: "Yes." Q: "But he let you use the moped anyway?" A: "Yes." Q: "Did he also know that you guys were underage to use a moped?" A: "Yes." . . . . Q: "Now, you testified that Shawn Toyozaki told you to drive the moped and operate it like you had a license; is that right?" A: "Yes." Q: "And what he meant by that was that in case you ever got stopped by the police, what were you supposed to do?" A: "Just give `em the name of the -- name of the person who owns the moped and the reason why you were using it." Q: "He told you what to say to the policeman if you got stopped?" A: "Yes." Q: "So he told you that if you got stopped by a policeman, to give him the owner of the moped, which was Shawn Toyozaki?" A: "Yes." Q: "And to also tell him the reason you were using it?" A: "Yes." Q: "What did he tell you to tell the officer as to the reason you were using it?" A: "Use it for the routes." Q: "For the newspapers?" A: "Yes." Q: "Did you ever get stopped by the police?" A: "A couple of times." Q: "What happened? When did this happen?" A: "The first time was on King Street[, w]hen I was leaving the company." Q: "When you say leaving the company, leaving the Star-Bulletin building on Kapiolani Boulevard?" A: "Yes. I was going on King Street, and he pulled me over. He asked if I had a license. I said no. He said who is this bike registered under. I said Shawn Toyozaki. And the cop asked where does this guy work. I sa he's the manager for Star-Bulletin. And he says why are you using it. I sa for the routes. "And then they contacted Shawn Toyozaki to come pick us up. The officer said he didn't want us using it, in case something happens. So Shawn came[,] picked us up, put the mopeds in the van. "And then we went down Kapahulu. Because Shawn Toyozaki knew that the cop couldn't come down that side. So . . . I guess he knew where the district ends for the cops. We went down Kapahulu where my route is and I started delivering." Q: "On the moped?" A: "Yes." Q: "What did the officer tell Shawn Toyozaki about you guys using the moped?" A: "That we shouldn't be using it." Q: "Because you had no license?" A: "Yes." Q: "And you were also under age?" A: "At that time, I was 15." Q: "But you shouldn't be using it because you had no license?" A: "Yes." Q: "And this, again, was before Shawn . . . Potter's accident[?]" A: "Yes." (Some ellipsis points added and some in original.)
On the day of his accident, Potter used one of Toyozaki's mopeds to do his home deliveries. Afterward, he met with Toyozaki and some other newspaper carriers for dinner. Potter left Toyozaki's home with another carrier in order to get the muffler on one of the mopeds fixed. Unable to find the friend who was to do the repair, the boys proceeded to the home of another friend and socialized until shortly after 10:00 p.m. They were en route to Toyozaki's home when the accident occurred.
Toyozaki arrived at the scene shortly after the accident. The next morning, Toyozaki reported the accident to Bert Murao, his immediate supervisor at the HNA. However, the HNA did not file a report of the accident with the Director at that time.
On March 24, 1993, Potter filed a tort action against the HNA, Toyozaki, the driver of the automobile that struck him, and the driver's parents. Seven months later, on October 29, 1993, the HNA filed a "WC-1 Employer's Report of Industrial Injury" with the Director. In its report, the HNA claimed that Potter was an "employee" of the HNA and a "claimant" for workers' compensation benefits.
Potter's parents informed the Director that they did not authorize or consent to the filing of a workers' compensation claim on their son's behalf, that they did not wish to pursue a
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