By Leila Fujimori
A high-end Japanese restaurant and its owner, Robert Kazutomo Hori, said in a statement from their attorneys Wednesday that they are disappointed in an Oahu Circuit Court jury verdict awarding $3.15 million to a former sous chef who testified at trial of the physical and emotional abuse inflicted by the restaurant鈥檚 executive chef.
鈥淢argotto Hawaii and Mr. Hori are disappointed with the verdict and feel that the verdict is contrary to the
evidence presented at trial, especially when a majority of Mr. DeBellis鈥 claims, such as discrimination and assault, were dismissed with prejudice prior to trial,鈥 the statement from the law firm of Ota &Hara said in response to a Honolulu Star-
Advertiser request for
comment Tuesday.
A complaint filed Feb. 15, 2024, on behalf of plaintiff Andrew DeBellis named executive chef Yohei Yagishita, Newfield Hawaii Inc., dba Margotto Hawaii, and Hori as defendants. It alleged assault and battery by Yagi-shita and negligence, intentional infliction of emotional distress, workplace harassment, racial discrimination and negligent supervision by all three defendants.
DeBellis was 22 years old when he was employed at Margotto Hawaii on Piikoi Street from Oct. 8 to Dec. 25, 2023. During that period, he suffered physical injuries, including a torn rotator cuff, and post-traumatic stress disorder, depression, anxiety and suicidal thoughts, according to his lawsuit.
Although Judge Karin Holma dismissed most claims against Hori and Margotto, citing workers鈥 compensation law, state law and case law, she ruled the claim of intentional infliction of emotional distress against Hori 鈥渋s a genuine issue of material fact as to whether his personal injury was caused by Mr. Hori鈥檚 willful and wanton misconduct, taking it out of the (workers鈥 compensation law) immunity, and whether Mr. Hori鈥檚 actions were intentional or reckless and outrageous.鈥
In a unanimous verdict June 24, the jury found that DeBellis had sufficiently proven Hori was responsible for the emotional distress and physical injuries he suffered, and that Hori鈥檚 misconduct was intentional or reckless and outrageous. They awarded $1.05 million in compensatory damages and $2.1 million in punitive
DeBellis鈥 attorney, James DiPasquale, said the judge did not dismiss claims against the executive chef.
DiPasquale said Yagishita was served with the complaint but fled to Japan. An entry of default against Yagi-shita for failure to answer the complaint was entered July 18 by the clerk of the court. The judge denied without prejudice the plaintiff鈥檚 motion for a default judgment, meaning it could be allowed in the future.
DiPasquale said he will file a motion for a default judgment soon against Yagishita for assault and battery and intentional infliction of emotional distress.
The restaurant and Hori denied the allegations in the complaint, saying, 鈥淢r. DeBellis did not raise any issues to management about Chef Yagishita,鈥 and that they would have addressed them if they were aware of them, and are contemplating an appeal.
Multiple Margotto Hawaii employees testified they and customers witnessed the executive chef鈥檚 slaps, punches and kicks and reported the incidents to the restaurant鈥檚 general manager, and that Hori was present at post-shift meetings when the attacks were discussed.
DiPasquale provided written evidence from Hori to Yagishita that indicated he was aware of the chef鈥檚 behavior. In a text message the day after a Dec. 25, 2023, attack in which the chef punched DeBellis three times in the face, causing a whiplash injury, Hori wrote, 鈥減hysical violence in America is a crime.鈥
Margotto Hawaii and Hori鈥檚 statement to the Star-
Advertiser said they 鈥渟trive to provide an elevated fine dining experience for its guests and takes pride not only in the food, but also the service and overall guest experience鈥 and 鈥渢ake seriously any complaints or suggestions that might improve guest experience 鈥 . Margotto Hawaii also strives to provide a safe working
environment for its
employees.鈥