Curtis v. Hawaiian Mission Academy

CourtHawaii Intermediate Court of Appeals
DecidedDecember 19, 2025
DocketCAAP-23-0000370
StatusPublished

This text of Curtis v. Hawaiian Mission Academy (Curtis v. Hawaiian Mission Academy) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curtis v. Hawaiian Mission Academy, (hawapp 2025).

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 19-DEC-2025 08:54 AM Dkt. 116 MO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

KALLIE L. CURTIS; DANIEL J. CURTIS; NUBIA LIZETH CURTIS, Plaintiffs-Appellants, v. HAWAIIAN MISSION ACADEMY, domestic non-profit organization; HAWAII CONFERENCE OF SEVENTH-DAY ADVENTISTS, domestic non-profit organization; RALPH S. WATTS, III; ERIK VANDENBURGH; JAY WARREN; RHONDA ("MIKI") L. NELSON; JEAN-MARCEL CLOUZET; TAMMY CLOUZET; JOE LEE, Defendants-Appellees, and DOE PERSONS 1-10; DOE PARTNERSHIPS 1-10; ROE "NON-PROFIT" CORPORATIONS 1-10; DOE UNINCORPORATED ORGANIZATIONS 1-10; ROE GOVERNMENTAL ENTITIES 1-10, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-XX-XXXXXXX)

MEMORANDUM OPINION (By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)

Plaintiffs-Appellants Kallie L. Curtis, Daniel J.

Curtis (Kallie's Father), and Nubia Lizeth Curtis (Kallie's

Mother) (collectively, the Curtis Family) appeal from the

Circuit Court of the First Circuit's May 30, 2023 Final NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Judgment. 1 On appeal, the Curtis Family challenges the circuit

court's denial of spoliation sanctions, grant of summary

judgment, and award of attorneys' fees. We affirm.

I. BACKGROUND

The underlying facts of this case are largely

undisputed. Jean-Marcel Clouzet (Mr. Clouzet) taught Bible

Studies at Hawaiian Mission Academy, a parochial school

affiliated with the Hawai‘i Conference of Seventh-Day Adventists

(the Conference). In February 2022, Mr. Clouzet invited his

wife (Mrs. Clouzet) to speak to the Bible Studies class about

marriage and relationships.

During the discussion, a student asked a question

related to white privilege. According to Kallie's deposition,

Mrs. Clouzet stated she herself benefited from white privilege

and pointed Kallie out, saying she had it too. Kallie

identifies as non-white/Hispanic.

The next day, Kallie's Father emailed the principal of

Hawaiian Mission Academy, Joe Lee (Principal Lee), expressing

that he found the incident "to be beyond offensive." He

reminded Principal Lee they were assured "that those type of

race views had no place at" Hawaiian Mission Academy. Kallie's

Father stated that "nothing short of [Mr. Clouzet's] near

1 The Honorable Gary W.B. Chang presided. We note that Kallie was eighteen years old at the time of the incident.

2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

immediate resignation or termination from [Hawaiian Mission

Academy] would be a satisfactory resolution."

By February 17, 2022, eight days after the incident,

Mr. Clouzet had been fired. His personnel folder, which was

allegedly empty, was later destroyed by Principal Lee. The

Curtis Family brought a civil action seeking in excess of

$5,778,000.00 in damages arising from the incident.

Defendants-Appellees the Conference; Hawaiian Mission

Academy; Ralph S. Watts, III, former president of the Conference

(former President Watts); Erik Vandenburgh, the Conference

president that succeeded former President Watts (President

Vandenburgh); Jay Warren, deputy to the Conference president

(Deputy Warren); Rhonda "Miki" L. Nelson, the Conference

Superintendent of Education (Superintendent Nelson); Principal

Lee; and Mr. and Mrs. Clouzet (collectively, Defendants) moved

to dismiss all claims.

The circuit court dismissed Kallie's Mother's and

Father's claims against Mr. and Mrs. Clouzet but denied without

prejudice dismissal of all other claims against Defendants to

allow the Curtis Family to conduct discovery. 2 Following the

2 The Curtis Family did not appeal the dismissal of Kallie's Mother's and Father's claims against Mr. and Mrs. Clouzet, nor did they challenge the circuit court's grant of summary judgment on Counts V (Breach of Contract), VII (Civil Conspiracy), or VIII (Loss of Consortium).

(continued . . . )

3 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

close of discovery, Defendants moved seriatim to dismiss each

count, which the circuit court granted. On May 30, 2023, the

circuit court entered Final Judgment against the Curtis Family

and in favor of Defendants. The Curtis Family appeals from the

Final Judgment.

II. DISCUSSION

On appeal, the Curtis Family challenges (1) the denial

of spoliation sanctions; (2) the granting of summary judgment as

to Counts I (Negligence), II (Negligent Supervision),

III (Negligent Infliction of Emotional Distress (NIED)),

IV (Intentional Infliction of Emotional Distress (IIED)), and

VI (Defamation); and (3) the award of attorneys' fees. We

affirm.

A. No Abuse in Denying Spoliation Sanctions

First, the Curtis Family contends the circuit court

"abused its discretion by not sanctioning [Defendants] and/or by

not providing a remedy . . . in the form of a spoliation

presumption." (Formatting altered.) According to the Curtis

Family, the circuit court "should have issued a 'spoliation

presumption' that [Mr. Clouzet]'s 'empty' personnel file

(. . . continued)

The circuit court also dismissed all claims in Count I (Negligence) that were premised on a theory of educational negligence, which is not actionable under Hawai‘i law. See Nakamura v. Univ. of Hawai‘i, 145 Hawai‘i 295, 451 P.3d 875, No. CAAP-XX-XXXXXXX, 2019 WL 5849790, at *5 n.5 (App. Nov. 7, 2019) (mem. op.).

4 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

contained evidence supportive of each count as they pertain to

[Mr. Clouzet] and his legal relationships with every other"

Defendant.

We review a circuit court's decision regarding

sanctions based on spoliation for an abuse of discretion.

Stender v. Vincent, 92 Hawai‘i 355, 362, 992 P.2d 50, 57 (2000).

In Richardson v. Sport Shinko (Waikiki Corp.), the

Hawai‘i Supreme Court explained its rationale for upholding

spoliation sanctions in an earlier case, Wong v. City & County

of Honolulu, 66 Haw. 389, 665 P.2d 157 (1983):

[K]ey to our holding in Wong was: (1) the City's culpability in destroying a piece of potentially critical evidence formally requested in discovery; (2) the resulting prejudice to the plaintiffs' case; and (3) the inequity that would occur in allowing the City to accrue a benefit from its conduct.

Richardson, 76 Hawai‘i 494, 507, 880 P.2d 169, 182 (1994)

(emphasis added).

Here, the circuit court concluded that the Curtis

Family failed to carry their burden as to all three "elements"

under Richardson because nothing in the record suggested that

anything other than an empty folder was destroyed. As to the

first element, the circuit court concluded that the Curtis

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