Elizabeth Stabo lawsuit against Hawaii Fire Department Proceeds

Forty seconds. That is how long Elizabeth Stabo was trapped waist-deep in a burning hole during a brushfire response in Kau, according to legal filings. The volunteer firefighter, a resident of Naalehu for over a decade, suffered third-degree burns to her legs and lower body during the incident on September 3, 2021. While the physical injuries left her in a wheelchair, the legal battle surrounding that moment has entered a new, critical phase.

A lawsuit filed by Stabo against the Hawaii Fire Department and its former leadership is moving forward after surviving a motion to dismiss. As reported by the Honolulu Star-Advertiser, the case has cleared significant legal hurdles, setting the stage for a potential jury trial. The litigation centers on whether department officials knew about the unstable, subterranean fire conditions and failed to warn the volunteers responding to the scene.

The dispute over underground fire hazards

The incident occurred during a flare-up of a fire that officials believe had been smoldering underground since April 2021. When Stabo was deployed to the site alongside HFD Captain Ka‘aina Keawe, the ground beneath her gave way. The lawsuit alleges that the fire had been consuming vegetation below the surface for months, leaving the walking surface without any structural support.

The core of the legal argument rests on what leadership knew and when they knew it. Stabo’s legal team, the Honolulu-based firm Fujiwara & Rosenbaum, alleges that the former HFD Chief, Kazuo Todd, and former Deputy Chief Eric Moller were aware of these hazardous underground conditions but did not notify or prepare Stabo for the danger. The amended complaint specifically points to previous reports of burn injuries in the area caused by similar underground fires, as well as public statements made by Todd regarding the fire’s presence beneath the surface.

The legal path to this moment has been circuitous. While the county successfully moved to dismiss the case in October 2024, the court allowed Stabo’s attorneys to amend their complaint. By providing more granular detail regarding the known dangers and the department’s awareness, the lawyers were able to bypass a second motion to dismiss in January 2025. Attorney Joseph Rosenbaum noted that the firm “fleshed out the facts in more detail” as directed by the court, which ultimately allowed the case to proceed.

County officials move to protect former leadership

As the litigation progresses, the Hawaii County Council’s Committee on Governmental Operations and External Affairs is set to vote on a resolution to authorize indemnification for both Todd and Moller. This move would require the county to defend the two individuals and cover any payments resulting from a settlement or a court judgment. Because Chief Todd passed away from an aneurysm in December, this indemnification would effectively protect his estate.

The push for indemnity is based on the nature of the officials’ roles during the incident. Justin Lee, an attorney for the Corporation Counsel, argued that the resolution is a necessary formality under county code. He maintained that the county’s position is to provide protection because there were no allegations that the officials were acting outside the scope of their professional duties.

Hawaiian Electric facing lawsuits over Maui fire

This decision places a significant financial and administrative responsibility on the county. If the jury finds that the department’s failure to warn volunteers constituted negligence, the taxpayers of Hawaii County will likely bear the cost of the judgment. The tension lies in whether the failure to communicate known risks is viewed as a lapse in professional duty or a failure of official responsibility.

The timeline for resolving these claims is long. A scheduling conference is slated for November 25, 2026, which will be followed by a settlement conference in January. If no agreement is reached between the parties, the case is scheduled to head to a jury trial in March 2027.