Hawai'i Legal News

Adams v. Yokooji (ICA January 13, 2012) Background. One night in Kailua Stephen Adams got out of a taxi cab and was crossing Kalanianaole Highway in a crosswalk in order to catch the bus when he was hit by a car driven by Robynn Yokooji. Adams' estate sued Yokooji, the Department of Transportation, and Luteru Manu, the taxi driver. Adams claimed that the DOT owed a duty to properly design and maintain the crosswalk and roadway and breached that duty. Adams settled with Yokooji and Manu, and prepared for trial against the DOT. Adams filed a motion in limine; the motion sought an order precluding the DOT from introducing evidence to establish or infer liability or negligence of the settled defendants. The circuit court granted the motion and prohibited the DOT from using any evidence or arguing that the accident was entirely caused by the settled defendants. During the opening statements, Adams said that the DOT's maintenance of lighting, traffic signs, and crosswalk signa...

Steigman v. Outrigger Enterprises (HSC December 15, 2011) Background. Michele Steigman and her family were guests at the Ohana Surf hotel in Honolulu. One rainy afternoon, Steigman went onto the lanai of their hotel room to get a chair. She slipped on the surface of the lanai and injured her foot when it got stuck under the railing. She brought a negligence claim against the hotel under a theory of premises liability. At trial, Steigman presented expert testimony that the lanai's surface had substandard "friction coefficiency." Her daughter testified that the lanai was glossy and hard to tell if it was wet or dry. An Outrigger employee testified about a similar slip and fall on a lanai at the hotel. Outrigger argued to the jury that the injury was caused entirely by Steigman's own negligence. According to Outrigger, the wet lanai was a known or obvious danger. Over Steigman's objection, Outrigger proposed that the circuit court instruct the jury that a ...

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...