Williams v. Aona

• Citation: 121 Haw. 1,210 P.3d 501
• Decision Date: 19 June 2009
• Docket Number: No. 28691.,28691.
• Parties: Cedric C. WILLIAMS, Respondent/Petitioner-Appellee v. Robert AONA, Petitioner/Respondent-Appellant.
• Court: Supreme Court of Hawai'i

210 P.3d 501

121 Haw. 1

Cedric C. WILLIAMS, Respondent/Petitioner-Appellee v. Robert AONA, Petitioner/Respondent-Appellant.

No. 28691.

Supreme Court of Hawai`i.

June 19, 2009.

Frederick W. Rohlfing and Michael G. Kozak (of Case Lombardi & Pettit), Honolulu, for petitioner/respondent-appellant.

Cedric C. Williams respondent/petitioner-appellee, pro se.

MOON, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ., and Circuit Judge CHANG, Assigned by Reason of Vacancy.

Opinion of the Court by DUFFY, J.

Petitioner/Respondent-Appellant Robert Aona (Aona) filed a timely Application for Writ of Certiorari (Application) urging this court to review the December 30, 2008 judgment of the Intermediate Court of Appeals (ICA) based on its Memorandum Opinion in Williams v. Aona, No. 28691, 2008 WL 5182933 (App. Dec. 10, 2008). The ICA's Memorandum Opinion affirmed the district court of the first circuit's¹ (district court) July 17, 2007 Order Granting Petition for Injunction Against Harassment (injunction order).

In his Application, Aona argues that the ICA gravely erred in affirming the injunction order because:

(1) "The ICA incorrectly held that the district court had jurisdiction over Williams's Petition [for a temporary restraining order and injunction against harassment]."

(2) "The ICA incorrectly affirmed the district court's injunction imposing a distance restriction on Aona while in the workplace."

(3) "The ICA incorrectly affirmed the district court's refusal to admit and consider evidence of William's prior criminal conviction."

(4) "The ICA incorrectly affirmed the district court's refusal to admit and consider evidence of the [Department of Environmental Services] workplace rules."

We accepted the Application for the limited purpose of correcting an error by the ICA when it affirmed the district court's jurisdiction on the basis of the doctrine of preemption. We agree with the ICA's Memorandum Opinion in all other respects.

I. BACKGROUND

Aona and Cedric Williams (Williams) are both employees of the City and County of Honolulu (City and County) Department of Environmental Services (DES), Honolulu Yard. Aona works for DES as a "refuse collection supervisor." Aona's duties include "conducting periodic" post-checks on refuse vehicles, "like snap inspections." A post-check is an examination of the refuse truck that occurs at the end of a shift. During a post-check, the driver is responsible for examining certain parts of the truck including the lights, tires, rims, and frame. Conducting periodic post-checks is "not a set duty." Instead, it is rotated among various supervisors.

Williams works for DES as a "crew leader." A crew leader is responsible for driving the refuse vehicle. After his shift, Williams is responsible for conducting a post-check on his refuse vehicle.

A. Petition for Temporary Restraining Order (TRO)

On July 3, 2007, Williams filed a petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment (petition) against Aona. The petition was based on "[r]ecent or past act(s) of harassment." Williams explained that:

Saturday June 30, 2007 at approximately 11:55 A.M. Robert Aona palmed me on my left sided chest area causing an immediate sharp pain that required emergency medical treatment at Straub clinic and hospital. I was diagnosed with a bruised chest. Assault occurred at Honolulu Refuse Collection Yard located at 626 Middle Street, Honolulu, HI 96819. Police Report was filed and superintendent and refuse collection administrator was notified. When I questioned Robert Aona as to why he did this to me he responded that I am a foolish boy. I feel that this may be a racial term and he may dislike me due to my race of being African American. I have notified refuse collection administrator that Robert Aona is causing me psychological stress due to the fact that he is a larger man than I am, he may not like my race and I fear he may attack me and cause me much more severe bodily and psychological harm than he already has. I feel severely threatened by Robert Aona due to his excessive size. He causes me anxiety when I see him.

B. District Court Proceedings

On July 17, 2007, a hearing was held in district court.

1. Williams's testimony

Williams testified that on June 30, 2007, after he brought his refuse truck back to the refuse yard, Aona was the supervisor in charge who supervised Williams's post-check of his truck. According to Williams, Aona first helped him check the lights on the truck and then

I parked the truck, got out and then [Aona] stepped back [and] said start from wherever you want. So I started from the front tires, check the lugs, check the rim, going down, check the frame, going down. I was driving the bulky truck that day. That's two back tires, so there's four on one side, so I'm checking those tires, the rims, check the last tire.

....

As I was going around the truck, he stopped me, ["]start again, now explain to me what you doing,["] and then I said, ["]what?["] And then I said, ["]you know what, you just gotta write me up because I'm not gonna do a post-check with you[."]

Williams testified that he did not think that it was unusual that Aona was conducting a post-check; rather "[j]ust the way he wanted me to do it, to start all over and explain to him what I'm doing. That's not right."

After Williams disobeyed Aona's instructions, he stated that,

I went walk to the truck to get my bag, he pushed the door shut. So, I tried to open [it] again, then right there, he palmed me on the chest and said ["]you nothing but a foolish boy,["] and I tole(sic) `em, ["]what's up with that, you hit me and you calling me names.["]

Williams testified that after Aona palmed him, he felt "a sharp pain" in his chest and noticed "a mark" on his chest. Williams called his union steward and then called the police. Williams completed a police report and informed the police that he wanted to press charges against Aona. The police asked if Williams wanted them to call an ambulance, but Williams told them that he would go to the hospital on his own. Williams had his girlfriend drop him off at the hospital. He was diagnosed with a bruise on his chest and prescribed pain pills.

2. Aona's testimony

On June 30, 2007, Aona testified that he was the supervisor on duty who supervised Williams's post-check of his refuse vehicle. Aona stated that he was dissatisfied with Williams's post-check because Williams had skipped several steps. Aona eventually told Williams "you missed a whole lot ... [s]o let's go back and start where we left off and work our way back here," but Williams "totally ignored" Aona. Then, Aona said, "I think I'm gonna have to ask you to tell me what you doing because that way, I'll know you're doing it." According to Aona,

[Williams] starts saying, ["]I doing my post-check, I doing my post-check["] ... and all he's doing is playing with the lug nuts on the back tire.

So I said, ["][Williams], you're forcing me to do this. I'm giving you a direct order, let's go back to the front, start over and do the post-check properly like you were taught,["] and then he stands up and he goes ["]you cannot tell me what to do,["] ... [because] I am not his supervisor.

After that, Aona testified that he

said ["]yes,["] I can and will require you to do this. I walked right here and [Williams] was standing there looking at me kind of belligerently like, ["]you cannot. ["]

....

So I said ["]well, I'll just wait, you know. So, I waited, I don't know, less than a minute, you know, seconds, and he hadn't moved, so I told him ... ["]let's start here,["] and he still doesn't move, so I said ["]can we do the post-check now?["]

At this point, he rushed up to me and he was, he had a glowering look on his face, he had his dark shades and he's puffing himself up and trying to be intimidating.

....

When he came ... too close for my personal space, I put my hand on his shoulder and went ["]stop, stop," ... [w]e're in that position for five seconds, and I'm thinking to myself, okay, great, situation resolved, we're gonna start the post-check.

When he starts, he takes a step back and goes ["]you wen touch me, you wen touch me,["] and his voice is getting louder, literally shouting and he starts hopping around in that area ... [s]o, I backed up to the front of the truck ... I believe this is the time he whipped out his cell phone and I thought that was a good idea, so I whipped out my cell phone and I called the base yard office.... I'm turned away from him and I'm shaking my head, oh, this is a foolish move.

He stops his dancing and comes up to me again and goes ["]what you wen call me["] screaming, but he's not really, he still maintain [sic] safe enough space from me, but he's screaming at me, ["]what you wen call me, what you wen call me.["] I told `em, ["][Williams], I didn't call you anything.["] This is when he brings his face so close to my face.... I'm taller than him, but he's trying, you know, do the face, body push and he's pushing me, and then I told `em, ["]back up,["] you know, and he didn't back up.

....

[T]his is when I put my hand on [him] ... and I told `em, ["]back up,["] he didn't back up.

....

So, he finally backed up just a little bit, but it was enough for me that I disengaged and I walked far away, maybe ten feet in front of the vehicle, and at this time too, he had kine'a [sic] backed up to halfway in the body of the truck and ... my phone had gotten flipped off at this time, so I called again [sic] immediately acting supervisor[.]

After Aona called the supervisor and asked him to come to the yard, Aona claims that he "turn[ed] around and receive [sic] three forearm smashes into [his] sternum ... from [Williams's] right forearm and it stunned [him], it rocked [his] head back."² Aona stated that two superintendents were "in sight" and Williams "immediately backed off." However, according to Aona, neither superintendent witnessed Williams's alleged...