Elizabeth Stabo’s lawsuit against Hawaii County is scheduled to go before a jury in March 2027. The case centers on her allegations that county fire officials knew of hazardous underground conditions at a Kaʻū brushfire site before she was injured there in September 2021.
Stabo served as a volunteer firefighter in Naʻalehu for more than 10 years before the incident. According to Hawaii Tribune-Herald, she was responding to a flare-up on September 3, 2021, when she fell waist-deep into a burning hole and was trapped for about 40 seconds before Capt. Kaʻaina Keawe pulled her free. She suffered third-degree burns to her legs and lower body. The Honolulu Star-Advertiser has also reported on the case’s progress through the courts.
Stabo filed suit in September 2023 against the Hawaii Fire Department and its leadership, naming then-Chief Kazuo Todd and then-Deputy Chief Eric Moller. The complaint alleges that the two men knew about hazardous underground conditions in the area but did not warn or prepare her for the danger, according to the Tribune-Herald’s account.
A Legal Fight Years in the Making
Hawaii County sought to dismiss the case, and a court granted the motion in October 2024. In January 2025, however, the court allowed Stabo’s attorneys to proceed with an amended complaint. That filing cited reports of several other burn injuries in the area attributed to similar hazards, the Tribune-Herald reported.
West Hawaii Today reported in November 2023 that the original complaint alleged at least three to four members of the public had suffered burn injuries in the same area before Stabo’s incident.
Other documented ash-pit injuries
Records document other firefighter injuries involving ash pits, though they concern separate incidents and do not verify the earlier reported injuries in Kaʻū. On California’s Windy Fire on September 30, 2021, a firefighter fell hands-first into an ash pit and sustained second-degree burns to both arms, according to the Wildland Fire Lessons Learned Center, citing the USFS Weekly Summary Report. On Fire 525 in Alaska on July 11, 2022, a smokejumper stumbled while moving and fell into a deep ash pit that had been identified, according to the Wildland Fire Lessons Learned Center. The circumstances differed from Stabo’s case, including that the pit in Alaska was known.
Stabo and her attorneys are seeking a jury trial, scheduled for March 2027. A scheduling conference is set for November 25, followed by a settlement conference in January, according to the Tribune-Herald.
Former Chief's Death Complicates the Case
One of the two named former officials will not be in court to answer the allegations. Kazuo Todd, who led the department at the time of the incident, died in December 2025 from an aneurysm, the Tribune-Herald reported. His death has not halted the litigation, which continues against the county and Moller.
On the day of the Tribune-Herald’s report, a Hawaii County Council committee was due to vote on a resolution authorizing indemnification for Todd and Moller. That would mean the county defends them and covers any claims tied to a settlement or judgment, with indemnification for Todd protecting his estate.
County Corporation Counsel attorney Justin Lee defended the move as procedural. Lee said indemnification was appropriate because there was no allegation that Todd and Moller acted outside the scope of their duties, according to the Tribune-Herald. He characterized the step as a formality required under county code given the circumstances of the case.
What Comes Next
The case remains unresolved as the parties approach the scheduled conferences and March 2027 trial. Stabo endured a lengthy recovery after the 2021 incident, according to the Tribune-Herald; the allegations and underlying circumstances will be addressed through the court process.
