Lai v. St. Peter3/21/1994
OPINION OF THE COURT BY WATANABE, J.
In this negligence case arising from an automobile accident, Plaintiffs-Appellants Ka Mee Lai, aka Rose Lai (Rose), and Narongsak Loesvaranurak, aka Steve Lai (Steve), (collectively, Plaintiffs) appeal from: (1) a December 5, 1989 order granting Defendant-Appellee John Kott's (Kott) motion for summary judgment, which dismissed all claims against Kott; (2) a November 2, 1990 judgment entered pursuant to a jury's verdict in favor of Defendant-Appellee Jeannine St. Peter (St. Peter); (3) a January 28, 1991 order denying Plaintiffs' motion for a new trial; and (4) a January 28, 1991 order granting in part and denying in part St. Peter's motion for costs.
We affirm.
FACTS AND PROCEDURAL HISTORY
On the evening of November 26, 1986, Rose was a front-seat passenger in a car which her husband, Steve, was driving east-bound on Wai'alae Avenue, near the Kahala Mall Shopping Center. Wai'alae Avenue leads to an on-ramp to Kalaniana'ole Highway. Rose testified that Steve drove to the end of the on-ramp, then stopped the car for several seconds to wait for traffic to clear, so that he could merge onto Kalaniana'ole Highway. While stopped, Steve's car was struck from the rear by the vehicle driven by St. Peter. St. Peter, who was visiting Hawaii with her husband, was driving a car owned by her cousin, Kott, a Honolulu resident. Kott, who was away on the mainland, had given St. Peter permission to stay at his home and use his car while she was visiting Hawaii.
After the accident, which caused minimal damage to both automobiles, Rose walked to a nearby gas station and called the police. She did not complain of any injuries at the time, and declined medical attention.
However, in January 1987, Rose began experiencing back pain and, as a result, saw Dr. Clifford Lau (Dr. Lau) on February 25, 1987 for treatment. Dr. Lau diagnosed Rose as having a tight hamstring and prescribed an anti-inflammatory drug.
In May 1987, Rose began treatment for back pain with Dr. Kurt Mariano (Dr. Mariano), a chiropractor. On June 16, 1987, Dr. Mariano referred Rose to Dr. Kenneth Nakano (Dr. Nakano), a neurologist. Dr. Nakano performed various physical and neurological tests on Rose, but found no abnormalities. Dr. Nakano recommended physical therapy and referred Rose back to Dr. Mariano to make the necessary arrangements. Rose did not, however, receive physical therapy, although she continued to see Dr. Mariano until the end of July 1987, when she left for Hong Kong.
Rose returned from Hong Kong in December 1987, and on February 5, 1988, at the recommendation of her attorney, she saw Dr. K. C. Yeung (Dr. Yeung) at the Family Practice and Personal Injury Center. In March 1988, Dr. Yeung referred Rose to Dr. Cleveland Wu (Dr. Wu), who conducted an electromyograph test (EMG), which revealed an abnormality or irritation of Rose's lumbar five (L5) nerve root. Dr. Yeung continued to treat Rose until June 1988, when Rose became pregnant with her second child. While pregnant, Rose was involved in a second automobile accident on November 28, 1988. After Rose had given birth, Dr. Yeung resumed treating her on March 3, 1989.
On December 30, 1988, Plaintiffs filed a complaint against Defendants St. Peter and Kott, alleging that St. Peter acted negligently in operating the automobile involved in the accident and that Kott negligently entrusted the automobile to St. Peter. Plaintiffs sought special, general, and punitive damages for Rose's physical, mental, and emotional injuries, and for Steve's loss of consortium and mental and emotional anxiety.
The negligent entrustment claim against Kott was
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