Hawai'i Legal News

  State v. Borge (HSC March 15, 2023) Background. On November 5, 2019, Maui police officers responded to the Paia Youth and Cultural Center between Baldwin Beach and Paia Bay. They found the complainant had suffered serious injuries after Borge struck him on the head several times with a piece of wood. Borge was arrested. The prosecution went to the grand jury and called Detective Dennis Clifton. Det. Clifton testified he investigated the case and met with Borge after he was arrested. The following exchange took place:   Q.      . . . . Did you notice any injuries to Mr. Borge? A.      No. Q.       None to his head, arms, anyplace? A.       No, sir. Q.       Okay. And you didn’t take any statement from Mr. Borge? A.       We attempted to question him, but he requested to speak to an attorney.   After Det. Clifton...

  Haynes v. Haas (HSC May 5, 2020) Background. Shadley Haynes was seriously injured by a Gregory Fowler Haas, a homeless man living in a storage unit. The injury occurred outside Haynes’ bar located less than a mile from Haas’s storage unit. Haynes filed a complaint against Haas, Clark Realty Corp., Kona Metro Parking & Watchmen Services, Allied Self Storage, and other properties and entities. The complaint averred that the defendants created a public nuisance by allowing Haas and others to live in one of the storage units in violation of the Hawai'i County zoning laws and that Hayes suffered serious injury as a result of this nuisance. Allied Self Storage filed a motion for summary judgment on the grounds that it owed no duty to Shadley and that it had no knowledge that people were living in storage units. The circuit court, with the Hon. Judge Ronald Ibarra presiding, granted the motions and awarded costs to the defendants. Haynes appealed. The ICA affirmed.   The...

Kanahele v. Han (HSC October 12, 2011) Background. Gregory Kanahele, Sr., his son, Kanahele, and his daughter, Trishalynn Kanahele, sued James Han. Kanahele was crossing the street while pushing his motor scooter in a crosswalk. James Han drove through the crosswalk and hit him. At trial, Han testified that his side mirror hit Kanahele. Trishalynn and Gregory, Sr. saw the accident. The Kanaheles all sued Han alleging negligence and sought damages for pain, suffering, emotional distress, and loss of enjoyment of life. At trial, Kanahele's doctor testified that the handlebar of the motor scooter went through Kanahele's cheek and it had to be repaired with surgery. It was unclear if he suffered disfigurement. There was evidence, however, that Kanahele was in distress and pain after the accident and prior to the surgery. The total cost of Kanahele's treatment came to around $12,000. The jury found that Kanehele was injured, but the other plaintiffs were ...