Hawaii Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Hawaii or Court of Appeals of Hawaii where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Dang v. State - 11/19/1998
APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 96-2149)
Respondent-Appellant/Appellant Government Employees Insurance Company (GEICO) appeals the first circuit court's order and judgment affirming the decision of the...
City Express Inc. v. Express Partners - 6/19/1998
Opinion OF THE COURT BY NAKAYAMA, J.
Respondent-appellant/cross-appellee Express Partners filed an appeal of this action after a directed verdict was entered in favor of petitioners-appellees/cross-appellants Architects 2,...
Salviejo v. State Farm Fire and Casualty Co. - 6/17/1998
Opinion OF THE COURT BY ACOBA, J.
We uphold the validity of a homeowner's insurance policy provision that excludes personal liability coverage for bodily injury sustained by a named insured or a resident of the named insured's...
Bowers v. Alamo Rent-A-Car Inc. - 6/17/1998
Opinion OF THE COURT BY NAKAYAMA, J.
Defendant-appellant Alamo Rent-a-car, Inc. appeals from a ruling of the circuit court granting partial summary judgment in favor of plaintiffs-appellees Charles Bowers and State Farm Mutual...
Hirahara v. Tanaka - 6/9/1998
Opinion OF THE COURT BY NAKAYAMA, J.
Plaintiffs-appellants Gayle Hirahara, et al. [collectively Hiraharas], appeal from an adverse judgment after jury trial in their medical malpractice action. The sole issue raised by the...
Abastillas v. Kekona - 6/8/1998
Opinion OF THE COURT BY LEVINSON, J.
The defendants-appellees-petitioners Benjamin Paul Kekona and Tamae M. Kekona (the Kekonas) applied for a writ of certiorari from the order of the Intermediate Court of Appeals (ICA) denying...
Ostrowski v. Wasa Electrical Services Inc. - 6/4/1998
Opinion OF THE COURT BY KIRIMITSU, J.
This appeal involves a dispute over the nature and scope of coverage under the Hawai'i workers' compensation law, Hawai'i Revised Statutes (HRS) chapter 386 (1985). Claimant-Appellant...
Finley v. Home Insurance Co. - 6/4/1998
Opinion OF THE COURT BY KIRIMITSU, J.
I. INTRODUCTION
Plaintiffs-Appellants/Cross-Appellees James and Vanida Finley (the Finleys) appeal the (1) August 26, 1996 Order Granting in Part and Denying in Part Defendant Hawaii...
Macabio v. Tig Insurance Co. - 5/21/1998
Opinion OF THE COURT BY KLEIN, J.
This appeal arises out of an insurance dispute over plaintiffs-appellants Jusinto and Rose Macabio's entitlement to stacked underinsured motorist (UIM) benefits under their automobile insurance...
Kuroda v. Kuroda - 5/19/1998
Opinion OF THE COURT BY BURNS, C.J.
Defendant-Appellant Alice K. Kuroda (hereafter Alice, Wife, or Defendant) appeals the family court's (1) June 14, 1994 "Order Granting Motion in Limine to Exclude Agreement in Contemplation...
Ozaki v. Association of Apartment Owners of Discovery Bay - 5/4/1998
The plaintiffs-appellants-respondents' motion, filed on April 24, 1998, for reconsideration, or, in the alternative, for clarification of the opinion of the court in the above-captioned matter, filed on April 14, 1998, is hereby...
Kawamata Farms Inc. v. United Agri Products - 12/11/1997
OPINION OF THE COURT BY NAKAYAMA, J.
In this products liability lawsuit, defendants-appellants-cross-defendants-cross-appellees E.I. DuPont de Nemours and Company, Terra International, Inc., Platte Chemical Co., Bartlo Packaging,...
State v. Chong - 11/25/1997
OPINION OF THE COURT BY LEVINSON, J.
The defendant-petitioner-appellee Damien Chong has applied for a writ of certiorari from the decision of the Intermediate Court of Appeals (ICA) in State v. Chong, 86 Haw. 290, 949 P.2d 130...
Kohala Agriculture v. Deloitte & Touche - 11/10/1997
OPINION OF THE COURT BY ACOBA, J.
We hold that the tort of negligent misrepresentation, as set forth in the Restatement (Second) of Torts § 552 (1977) (section 552), applies in actions against an accountant for the negligent...
Ditto v. McCurdy - 11/6/1997
OPINION OF THE COURT BY MOON, C.J.
We granted defendant-appellant-petitioner John A. McCurdy, Jr., M.D.'s (Dr. McCurdy) petition for a writ of certiorari to review the decision of the Intermediate Court of Appeals (ICA) in Ditto...
Tabieros v. Clark Equipment Co. - 9/15/1997
OPINION OF THE COURT BY LEVINSON, J.
This is an appeal and cross-appeal from the special verdict of the jury and the judgment of the circuit court by the defendant-appellant/cross-appellee, Clark Equipment Company (hereinafter,...
Ditto v. McCurdy - 6/9/1997
OPINION OF THE COURT BY KIRIMITSU, J.
In this medical malpractice case, defendant-appellant Dr. John A. McCurdy, Jr. (Dr. McCurdy) appeals from the First Circuit Court's initial judgment, dated July 7, 1992; the order denying Dr....
Hough v. Pacific Insurance Co. - 11/26/1996
OPINION OF THE COURT BY MOON, C.J.
Plaintiffs-appellants Jeffrey J. Hough (Hough or claimant) and his wife, Terry Medeiros Hough (collectively, the Houghs), appeal from: (1) the order, filed on August 2, 1991, granting in part...
State v. Samonte - 11/26/1996
OPINION OF THE COURT BY NAKAYAMA, J.
At the Conclusion of his third jury trial, defendant-appellant Lael Samonte (Samonte) was found guilty of attempted manslaughter by reckless conduct in violation of Hawai'i Revised Statutes...
Dunlea v. Dappen - 9/19/1996
OPINION OF THE COURT BY MOON, C.J.
Plaintiff-appellant Sandra Dunlea appeals from the circuit court's: (1) July 27, 1993 order granting defendant-appellee Howard Dappen's motion to dismiss her claim of childhood sexual abuse...
Alzharani v. Pacific International Services Corp. - 9/17/1996
OPINION OF THE COURT BY MOON, C.J.
In this declaratory judgment action, plaintiff-appellant Talel Alzharani appeals from the judgment entered in favor of defendant-appellee Pacific International Services Corporation dba Dollar...
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...
Budget Rent-A-Car Systems Inc. v. Coffin - 8/30/1996
OPINION OF THE COURT BY MOON, C.J.
In this declaratory judgment action, plaintiff-appellant Budget Rent-A-Car Systems, Inc. (Budget) appeals from the Third Circuit Court's order granting summary judgment in favor of defendant and...
Takayama v. Kaiser Foundation Hospital - 8/30/1996
OPINION OF THE COURT BY MOON, C.J.
Following a jury trial in this medical malpractice case, plaintiff-appellant Darlene K. Takayama appeals from the judgment entered in favor of defendants-appellees Kaiser Foundation Hospital,...
Iddings v. Mee-Lee - 6/20/1996
OPINION OF THE COURT BY MOON, C.J.
In this case, dealing with the scope and requirements of the statutory "wilful and wanton misconduct" exception to the co-employee immunity provisions of Hawai'i's workers' compensation scheme,...
Hays v. City and County of Honolulu - 5/24/1996
Opinion OF THE COURT BY MOON, C.J.
In this beach injury case, plaintiff-appellant Sean Hays appeals from the First Circuit Court's order granting summary judgment in favor of defendant-appellee City and County of Honolulu (the...
State v. Ganal - 5/8/1996
Opinion OF THE COURT BY MOON, C.J.
Defendant-appellant Orlando Ganal, Sr. appeals the judgment, guilty conviction, and sentence for: (1) the attempted first degree murder of (a) his estranged wife, Mabel Ganal (Mabel), (b)...
Wharton v. Hawaiian Electric Co. - 11/15/1995
OPINION OF THE COURT BY RAMIL, J.
This workers' compensation case is before us on appeal by claimant-appellant Gerald A. Wharton, Sr., from the Labor and Industrial Relations Appeals Board's (Board) decision and order denying his...
Smith v. Hawai - 11/6/1995
OPINION OF THE COURT BY MOON, C.J.
In this workers' compensation case, respondent-appellant Myra P. Smith, employed by petitioner-appellee, employer/self-insured State of Hawai'i, Department of Labor and Industrial Relations...
Enos v. Pacific Transfer & Warehouse Inc. - 9/26/1995
OPINION OF THE COURT BY MOON, C.J.
Appellant Leslie S. Fukumoto, the attorney representing plaintiffs-appellants John and Aileen Enos (collectively, the Enoses) in their personal injury action against defendants-appellees Pacific...
Walsh v. Chan - 9/20/1995
OPINION OF THE COURT BY KIRIMITSU, J.
Plaintiff-Appellant Timothy J. Walsh (Walsh) appeals in this automobile negligence case from the September 9, 1993 (1) Order Granting Defendant Serena Chan's Motion for Entry of Judgment in...
Aga v. Hundahl - 8/31/1995
Per Curiam. This case arises from a medical malpractice jury trial in which appellee/cross-appellant, Scott Hundahl, M.D. (Appellee), was found negligent but his negligence was not the legal cause of Nancy Aga's (Nancy) death....
Dunbar v. Thompson - 8/14/1995
OPINION OF THE COURT BY WATANABE, J.
Plaintiff-Appellant Elaine Dunbar (Plaintiff) brought this lawsuit to recover general, special, and punitive damages from Defendants-Appellees Apollo Thompson (Thompson) and Pentagram...
State v. Kinnane - 6/15/1995
OPINION OF THE COURT BY LEVINSON, J.
The petitioner-appellant Thomas K. Kinnane appeals from the judgment, guilty conviction, and probation sentence of the first circuit court, filed on October 24, 1991, adjudging him guilty of...
AIG Hawaii Insurance Co. v. Smith - 2/28/1995
OPINION OF THE COURT BY MOON, C.J.
Defendant-appellant Eric Castillo and defendants-counterclaim plaintiffs-appellants Christopher T. F. K. Smith, Sr. individually and as Special Administrator of the Estate of Christopher T. F....
Saranillio v. Silva - 2/7/1995
OPINION OF THE COURT BY NAKAYAMA, J.
These two appeals arise from the same underlying events, and their resolution depends on the same legal issues. We therefore consolidate them for decision.
In No. 17036,...
Makaneole v. Pacific Insurance Co. - 12/5/1994
OPINION OF THE COURT BY MOON, C.J.
Plaintiff-appellant George Makaneole appeals from the circuit court's order granting summary judgment in favor of defendants-appellees Pacific Insurance Company and Sentinel Insurance Company...
Mitchell v. Hawai - 11/1/1994
OPINION OF THE COURT BY MOON, C.J.
Claimant-appellant Regina M. Mitchell, an elementary school teacher, appeals from the Labor and Industrial Relations Appeals Board's (the Board) decision which partially denied workers'...
Carlos v. MTL Inc. - 10/31/1994
OPINION OF THE COURT BY WATANABE, J.
Encarnacion Carlos (Encarnacion) and her husband, Melchor Carlos (Melchor), (collectively, Plaintiffs) appeal from a judgment absolving MTL, Inc. (MTL) and Daniel Nartatez (Daniel)...
Swink v. Cooper - 9/30/1994
OPINION OF THE COURT BY WATANABE, J.
In this medical malpractice case, Plaintiff-Appellant Evelyn Swink (Plaintiff) appeals from the October 14, 1991 judgment entered against her by the First Circuit Court pursuant to a jury's...
First Insurance Co. v. Lawrence - 9/16/1994
OPINION OF THE COURT BY MOON, C.J.
In this action for declaratory relief, plaintiff-appellant First Insurance Company of Hawaii, Ltd. (First Insurance) sought a judicial determination of its duty to defend and indemnify...
Richardson v. Sport Shinko - 8/29/1994
OPINION OF THE COURT BY MOON, C.J.
Plaintiffs-appellants Renee and Thaddeus Richardson (the Richardsons) appeal from a judgment entered in favor of defendant-appellee Sport Shinko dba Queen Kapiolani Hotel (Sport Shinko)...
Lai v. St. Peter - 3/21/1994
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,...
Lee v. Elbaum - 3/10/1993
OPINION OF THE COURT BY WATANABE, J.
In this wrongful death case, Plaintiff-Appellant Rita Mae Ing Lee (Appellant), the mother of Edward J. H. Lee (Decedent), appeals, individually and as Special Administrator of Decedent's...
State v. Isomura - 11/4/1992
OPINION OF THE COURT BY WATANABE, J.
In this appeal, we are called to determine which sentencing statute controls: Hawaii Revised Statutes (HRS) § 706-610(2) (Supp. 1991), which treats every felony defined outside the Hawaii...
Gossinger v. Association of Apartment Owners of Regency of Ala Wai - 8/25/1992
The plaintiffs-appellants Phyllis Gossinger (Mrs. Gossinger) and Herman Gossinger (collectively the Gossingers) appeal an order granting summary judgment in favor of the defendants-appellees Association of Apartment Owners of the...
Marshall v. University of Hawaii - 12/9/1991
OPINION OF THE COURT BY HEEN, J.
This is an appeal by Plaintiff-Appellant Michael D. Marshall (Marshall) from a summary judgment entered in favor of Defendants-Appellees University of Hawaii (UH), Paul Kopecky (Kopecky), Edward...
Smith v. Cutter Biological Inc. - 11/29/1991
This court has accepted a request to address certified questions from the Ninth Circuit Court of Appeals. Smith v. Cutter Biological, Inc. , 911 F.2d 374 (9th Cir. 1990).
I.
CERTIFIED QUESTIONS OF LAW
1. Does Hawaii's...
State Farm Mutual Automobile Insurance Co. v. Royston - 8/23/1991
The United States District Court for the District of Hawaii, pursuant to Rule 13 of the Hawaii Rules of Appellate Procedure, certified the following question to this court:
Whether Haw. Rev. Stat. [(HRS)] § 431-448(a) (1985)...
Barham v. Rubin - 8/19/1991
At the age of 34, Phillip W. Barham suffered traumatic brain injury which left him permanently disabled and unable to care for himself. Jay W. Barham, Phillip's father, filed a personal injury lawsuit in Colorado on Phillip's behalf....
National Union Fire Insurance Co. v. Ragil - 5/15/1991
Two certified questions are presented by the United States District Court for the District of Hawaii for review by this court pursuant to Hawaii Rules of Appellate Procedure (HRAP) Rule 13.
CERTIFIED QUESTIONS OF LAW
1)...
Keomaka v. Zakaib - 5/14/1991
This is a medical tort case arising from plaintiff Richard Keomaka's (Keomaka) claim that defendant George Zakaib, M.D. (Dr. Zakaib), was professionally negligent in rendering a surgical procedure without Keomaka's informed consent....
Hawaiian Insurance & Guaranty Co. v. Financial Security Insurance Co. - 3/18/1991
Plaintiff-Appellee Hawaiian Insurance & Guaranty Co., Ltd. (HIG) commenced the instant action to obtain declaratory relief in connection with its rights and duties under an insurance policy issued to Gilwick, Inc. dba Datsun of...
Winters v. Silver Fox Bar - 8/7/1990
The United States District Court for the District of Hawaii certified the following question to this court:
Whether the sale of liquor to a minor (in violation of Hawaii Rev. Stat. § 281-78(a)(2)(A) [(1985 & Supp....
State v. Schmidt - 5/12/1989
The issue in this appeal is whether the trial court's exclusion of the Deputy Public Defender from the courtroom during the impaneling of the Kauai Grand Jury violated the statutory provisions governing impanelment and warranted...
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