 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Dowsett v. Morris11/29/2002
w was supposed to have returned from his vacation.
We conclude that the court did not abuse its discretion in denying Dowsett's motion to continue.
B. The Motion for Summary Judgment.
"On appeal, an award of summary judgment is reviewed under the same standard applied by the trial court." Pioneer Mill Co., Ltd. v. Dow, 90 Hawaii 289, 296, 978 P.2d 727, 734 (1999). HRCP Rule 56(c) (2000) establishes the standard:
The [summary] judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
"A fact is material if proof of that fact would have the effect of establishing or refuting one of the essential elements of a cause of action or defense asserted by the parties." Macabio v. TIG Ins. Co., 87 Hawaii 307, 312, 955 P.2d 100, 105 (1998) (citation and internal quotation marks omitted).
In considering a motion for summary judgment,
the evidence must be viewed in the light most favorable to the non-moving party. In other words, we must view all of the evidence and the inferences drawn therefrom in the light most favorable to the party opposing the motion. Pioneer Mill, 90 Hawaii at 296, 978 P.2d at 734 (brackets, emphasis, ellipsis, citation and internal quotation marks omitted).
HRCP Rule 56(e) (2000) governs the kind of evidence that may be considered on a motion for summary judgment:
Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.
Accordingly, and as detailed previously, the only item of evidence Morris properly presented to the court on her motion for summary judgment was Dowsett's answers to the interrogatories propounded by Morris. See HRCP Rules 56(c) & (e) (both specifically referencing answers to interrogatories as evidence properly before the trial court on a motion for summary judgment); Au v. Au, 63 Haw. 210, 213, 626 P.2d 173, 176 (1981) ("The court may consider matters outside the pleadings in a summary judgment proceeding under Rules 12(b) and 56(c), H.R.C.P., including depositions, answers to interrogatories, admissions on file and affidavits." (Citations omitted.)). However, these alone were sufficient to demonstrate that Dowsett did not exceed the $10,000.00 medical-rehabilitative aggregate expenses limit, HRS § 431:10C-306(b)(2), and that she did not suffer an injury in the accident "which consists, in whole or in part, in a significant permanent loss of use of a part or function of the body[.]" HRS § 431:10C-306(b)(1)(B).
Dowsett argues on appeal that her interrogatory answers were not properly before the court on the moti
Page 1 2 3 4 5 6 7 8 9 10 11 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|