KAILUA-KONA — A civil lawsuit was filed against a Waimea businessman last month alleging sexual abuse against a 12-year-old boy about 20 years ago.
The complaint against David McCollough, owner and operator of RT’s Service and Tow Guys, was brought before 3rd Circuit Court Judge Robert D.S. Kim on Sept. 10. The plaintiff’s attorney, Kris A. LaGuire, said a process server delivered the complaint to McCollough a couple of days ago. He now has 20 days to provide a written response to the court.
The plaintiff in the lawsuit is identified as John Roe. LaGuire filed a motion Sept. 10 on behalf of the plaintiff requesting proceedings use the pseudonym to protect his client’s privacy.
Kim granted the motion. He also ordered that the plaintiff disclose his true identity to the defendant when served with the filed complaint, adding the defendant will not disclose the identity of the plaintiff to anyone other than counsel or representatives of any insurer without a further order of the court.
McCollough provided a statement through his attorney, Bruce Voss. Voss said Wednesday, on McCollough’s behalf, that the allegations in the lawsuit “are wholly false.”
According to the lawsuit, the incidents occurred sometime between 1997 and 1998 in Waimea. The plaintiff, a resident of Waimea at the time, was 12 years old and in sixth grade. Court documents indicate the plaintiff visited the defendant’s home on several occasions, including overnight visits.
“On three separate occasions when Plaintiff was visiting at Defendant’s home in 1997 and 1998, Defendant, while in a position of authority, trust, and supervision over Plaintiff as a trusted family friend and adult who owed a duty of care to protect and prevent harm to Plaintiff, engaged in unpermitted, harmful and offensive sexual contact upon the person of Plaintiff,” the lawsuit alleges.
According to court documents, the plaintiff developed various coping mechanisms and symptoms of psychological disorders, including post-traumatic stress disorder, anxiety, depression, repression and disassociation.
LaGuire said Wednesday that his client repressed the incident until about a year and a half ago.
While the alleged abuse occurred 20 years ago, Hawaii statutes allow civil action in sexual abuse cases to be pursued provided a certificate of merit is filed with the court.
In this case, according to court documents, the certificate of merit was a notarized statement by a non-party psychologist who is “knowledgeable in the relevant facts and issues involved in the action and sets forth in reasonable detail that there is a reasonable basis to believe the plaintiff was subjected to one or more acts of abuse, which resulted in an injury or other condition as specified in the law.”
The plaintiff is seeking damages on three counts. The first is gross negligence. According to the complaint, the defendant owed a duty of care to the plaintiff and breached this duty by sexually abusing him on three separate occasions.
The second count is grossly negligent infliction of emotional distress. As a direct result of the defendant’s actions, the complaint states, the plaintiff has suffered emotional, psychological and physical injury.
The third count is punitive damages. The suite seeks general, special, and punitive damages together with costs of the lawsuit and attorney’s fees.
Email Tiffany DeMasters at tdemasters@westhawaiitoday.com.