Russell v. Attco Inc.9/11/1996
OPINION OF THE COURT BY MOON, C.J.
In this trip and fall case, plaintiffs-appellants Judy Russell (Judy) and Dennis Russell [hereinafter, collectively, the Russells] appeal the judgment of the Second Circuit Court entered in favor of defendant-appellee Attco, Inc. (Attco). The circuit court granted summary judgment in favor of Attco and against the Russells, ruling that the Russells's suit was barred by the two-year statute of limitations applicable to personal injury actions. On appeal, the Russells argue that the circuit court erred in declining to apply the "discovery rule" to toll the statute of limitations because they had not learned of Attco's identity as the party responsible for their injuries. For the following reasons, we affirm.
I. BACKGROUND
On April 6, 1992, Judy went to the premises of the Hyatt Grand Wailea Resort & Spa [hereinafter, the Grand Wailea] on Maui for a job interview. While walking on the premises, Judy tripped and fell over a black plastic protective liner laid on a walkway by Attco, whose employee was transporting equipment into an adjacent ballroom. As a result of the fall, Judy suffered injuries to her right knee, hip, and hand.
Judy alleges that, at the time of the accident, she was unaware of who had placed the black plastic liner on the ground and that no one from the Grand Wailea or any other source informed Judy who was responsible for the liner. The Grand Wailea's security personnel prepared a report, which was not provided to Judy until December 1994. Judy alleges that it was not until she received the report that she learned that Attco was responsible for the liner. Attco alleges that Judy was told by a witness to her accident, Grand Wailea Food and Beverage's (F&B; Assistant Director, Martin Sherman, that the black plastic liner was placed on the ground by Attco.
On April 7, 1994, two years and one day after the accident, the Russells filed suit against Hyatt Corporation, TSA Management Co., Ltd., TSA International, Ltd., Grand Wailea Resort, Inc., Grand Wailea Co. [hereinafter, collectively, Hyatt], and various "Doe" Defendants. Hyatt moved for summary judgment, asserting that the Russells' action was time-barred by Hawai'i Revised Statutes (HRS) § 657-7 (1993), which prescribes the two-year statute of limitations applicable to tort actions. The circuit court held a hearing on Hyatt's motion on March 9, 1995, at which time the court orally ruled that it would grant Hyatt's motion.
On March 13, 1995, after the hearing on Hyatt's motion for summary judgment, but before the written order granting summary judgment in favor of Hyatt was filed, the Russells attempted to identify and name Attco as a "Doe" Defendant. On the same day, the Russells also moved for leave to file a first amended complaint (motion for leave), pursuant to Hawai'i Rules of Civil Procedure (HRCP) Rule 15, to add Attco as a defendant.
While the motion for leave was pending, the Russells filed a separate action against Attco on March 31, 1995, almost three years after Judy's accident. On April 6, 1995, the written order granting Hyatt's motion for summary judgment was filed in the Russells' action against Hyatt. By order filed on April 11, 1995, the circuit court denied the Russells' motion for leave to file a first amended complaint in their suit against Hyatt.
In the separate action against Attco, Attco moved for summary judgment, asserting, inter alia, that the Russells' action against it was time-barred by HRS § 657-7. The circuit court granted Attco's motion by order filed October 4, 1995, and this timely appeal followed.
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