Hawai'i Legal News

  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...

Schwenke v. Outrigger Hotels Hawai'i, LLC (ICA March 18, 2010) Background. Cameron Tuupoina went to the Maile Sky Court, a hotel in Waikiki, and climbed up to the roof. He was not a registered guest. Tuupoina jumped from the hotel and landed onto Sogi Schwenke's car causing substantial injuries. Schwenke and others sued Outrigger and Wackenhut, its security, for negligence. The circuit court granted the defendants' motions for summary judgment on the grounds that there was no duty owed to Schwenke. Absent Special Relationship, no duty to Protect Plaintiff from Third Parties. "A prerequisite to any negligence action is the existence of a duty owed by the defendant to the plaintiff." Cuba v. Fernandez , 71 Haw. 627, 631, 801 P.2d 1208, 1211 (1990). Absent a special relationship, "[t]here is no duty . . . to control the conduct of a third person as to prevent him [or her] from causing physical harm to another[.]" Id. at 631-32, 801 P...

Kato v. Funari (HSC August 25, 2008) Background. Kato was in a car accident with Funari. Kato sued Funari claiming negligence. After a jury trial, the circuit court granted Kato's motion for directed verdict on the issue of fault. Without objection, the circuit court instructed the jury that any damages awarded were legally caused by Funari's negligence. On the special verdict form there were four questions. The first asked if Funari's negligence legally caused Kato's injuries. The jury answered yes. The second asked for Kato's "total damages." The jury totaled $59,536.55. The third asked if there were any injuries related to a pre-existing condition. Yes, answered the jury. The fourth asked that, if so, what percentage of Kato's injuries came from the pre-existing condition. The jury stated "90%." The circuit court reduced $59,536.55 by 90%. Kato appealed. Juries are Presumed to Follow Instructions. Determining the proper amount of damage...

Kaho'ohanohano v. Dept. of Human Services (HSC March 20, 2008) Background. A two-and-a-half-year-old child broke her leg while under the custody of her mother and her mother’s boyfriend. While DHS investigated the matter as to whether it was child abuse, it allowed the child to stay with the mother and boyfriend. Before finishing the first investigation, the child suffered life-threatening abdominal injuries. DHS later determined that it was indeed child abuse and custody went over to the father. The father sued DHS alleging negligence in failing to protect the minor, take timely custody, and conduct a reasonable and competent investigation. After a 16-day bench trial, the circuit court found DHS liable for negligence and the negligent infliction of emotional distress. Damages were apportioned jointly and severally among the mother, her boyfriend, and DHS. So you want to sue the State, huh? Sovereign immunity means that the State cannot be liable unless it has relinquished immun...