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MONTALVO v. LAPEZ

No. 16913.

884 P.2d 345 (1994)

77 Hawai`i 282

Obidio T. MONTALVO, Plaintiff-Appellee/Cross-Appellant, v. John LAPEZ, City and County of Honolulu, Defendants-Appellants/Cross-Appellees, and Doe Defendants 1-25, Defendants. Obidio T. MONTALVO, Plaintiff, v. Daniel MAKEKAU, I. Doi Hauling Contractors, Inc., and Doe Defendants 1-25, Defendants.

Supreme Court of Hawai`i.

Reconsideration Denied November 29, 1994.

Attorney(s) appearing for the Case

Hazel G. Beh (Milton S. Tani, with her on the briefs), Deputy Corp. Counsels, Honolulu, for defendants-appellants/cross-appellees.

David C. Schutter (Mitchell S. Wong, with him on the briefs), Honolulu, for plaintiff-appellee/cross-appellant.

Before MOON, C.J., LEVINSON, NAKAYAMA, and RAMIL, JJ., and WEIL, Circuit Judge, in place of KLEIN, J., recused.

MOON, Chief Justice.

Defendants-appellants/cross-appellees John Lapez and the City and County of Honolulu (collectively, the City) appeal from a jury verdict in the First Circuit Court awarding $770,000.00 in damages against the City in favor of plaintiff-appellee/cross-appellant Obidio Montalvo resulting from a multivehicle rearend accident caused by the negligent operation of a City refuse truck.1

On appeal, the City asserts...

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