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BHAKTA v. COUNTY OF MAUI

No. 24780.

124 P.3d 943 (2005)

109 Hawai`i 198

Jyotsna BHAKTA, Individually and as Personal Representative of the Estate of Mitesh Bhakta, Deceased; Nikhil Bhakta, a minor, by his Next Friend, Candace Turner; Dewal Shah, Individually and as Personal Representative of the Estate of Meghal Shah, Deceased; Daxa Bhakta, Individually and as Personal Representative of the Estate of Bhupendra Bhakta, Deceased; Cathy M. Arends, Individually and as Personal Representative of the Estate of Donald Arends, Deceased, Plaintiffs-Appellants, v. COUNTY OF MAUI, State of Hawai`i, Defendants-Appellees, and John Does 1-5, John Doe Corporations 1-5, John Doe Partnerships 1-5, Roe Non-Profit Corporations 1-5, and Roe Governmental Agencies 1-5, Defendants.

Supreme Court of Hawaii.

As Amended December 30, 2005.

Attorney(s) appearing for the Case

Arnold T. Phillips II, on the briefs, for plaintiffs-appellants.

Miriam P. Loui and Marcie C.L. Laderta, Deputy Attorneys General, on the briefs, for defendant-appellee State of Hawai`i.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Opinion of the Court by MOON, C.J.

This negligence action arises out of the drowning deaths of four men, Meghal Shah, Mitesh Bhakta, Bhupendra Bhakta, and Donald Arends [hereinafter, collectively, the decedents], at Ke`anae Landing on the north shore of the island of Maui, Hawai`i (between Pā`ia and Hana). On May 5, 1999, plaintiffs-appellants Dewal Shah (Dewal), Jyotsna Bhakta (Jyotsna), Daxa Bhakta (Daxa), and Cathy Arends (Cathy), the wives of the decedents...

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