Hawaii County pursues discharge of accusations against law enforcement officers
In Hawaii, a tragic event unfolded on June 7, 2023, when Kristen Rae Frostad, a licensed real estate agent, passed away at the age of 42. Now, her mother and sister, Patricia Johnson and Jesse Nohealani Hanohano, have filed a wrongful death lawsuit against various parties, including Erik Frostad, the deceased's estranged husband.
The hearing regarding the county's motion to dismiss the claims against Hawaii County and unnamed police officers is scheduled for Sept. 19 before Kona Circuit Judge Kauanoe Jackson. The county's motion asserts that Johnson and Hanohano lack standing to assert a claim of negligence because they are not the personal representative of Mrs. Frostad's estate.
The county's filing states that Frostad had a history of drug and alcohol abuse and died of an overdose. Erik Frostad, in response, alleges that his wife was diagnosed with borderline personality disorder and severe alcohol use disorder. He claims she had been in six separate clinics for dual diagnosis treatments.
The statute of limitations for wrongful death claims in Hawaii is two years from the date of death. If the personal representative has not yet been appointed, the statute still runs and filing must happen within this period. The plaintiff needs to act within this two-year period, or else the claim risks being barred.
In this case, the trial regarding a probate petition filed by Erik Frostad has been pushed back from today to June 26, 2026. The reason for the postponement is not explicitly stated, but it has been suggested that an alleged federal investigation into Johnson's coffee business and Johnson's civil lawsuit naming Frostad as a defendant may have played a role.
The lawsuit filed by Johnson and Hanohano alleges that Erik Frostad provided Kristen Frostad with alcohol and controlled substances on multiple occasions despite knowing of her alcohol and drug dependency. Furthermore, Erik Frostad alleges that Johnson convinced Kristen Frostad to stop taking prescribed psychiatric medications that alleviated her alcohol dependency.
In a twist, Erik Frostad also claims that Johnson transferred $500,000 from his personal savings account into their joint savings account in early February 2023, allegedly within hours of which the entire balance was transferred to Johnson.
The county claims that the statute of limitations for personal injury is also two years and the lack of appointment of the estate's personal representative doesn't extend this. It has also requested that the claims against police be dismissed with prejudice, meaning they cannot be refiled.
Johnson's attorney, William Harrison, has stated he will be filing a reply to the county's motion, but has declined to comment on the substance of that reply. The outcome of this case will undoubtedly have significant implications for all parties involved.
[1] Hawaii Revised Statutes § 652-3 [5] Hawaii Probate Court Rules, Rule 10(a) and (b)
- The plaintiff, Johnson and Hanohano, must file their reply to the county's motion before the statute of limitations for the wrongful death claim expires, which is two years from Frostad's death according to Hawaii Revised Statutes § 652-3.
- The ongoing federal investigation into Johnson's coffee business, along with her civil lawsuit naming Frostad as a defendant, may complicate the probate petition related to Frostad's estate, as the trial has been postponed from its original date until June 26, 2026.
