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...

  State Farm Mut. Ins. Co. v. Mizuno (HSC November 20, 2020) Background. Michael Mizuno borrowed his girlfriend’s car to run errands. He drove the vehicle to the post office to mail paid bills. He was in the crosswalk between the vehicle and the post office when he was hit and injured by an unidentified driver. The vehicle drove away. Mizuno sought uninsured motorist coverage from his girlfriend’s policy. State Farm, the insurance company, filed a motion for declaratory judgment in federal court. The U.S. District Court granted summary judgment for State Farm and determined there was no coverage under Hawai'i law for Mizuno. Mizuno appealed to the Ninth Circuit. The appellate court was unsure how far to extend Hawai'i law in this area and certified the question to the HSC.   The Uninsured Motorists Statute and the Chain-of-Events Test. “[A]ny motor vehicle registered or principally garaged in this State” must have liability coverage “for the protection of persons insured...