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STRUZIK v. CITY AND COUNTY OF HONOLULU

No. 4572.

50 Haw. 241 (1968)

437 P.2d 880

ANTOINETTE F. STRUZIK v. CITY AND COUNTY OF HONOLULU AND MR. & MRS. JOHN J. TOLEDO.

Supreme Court of Hawaii.

February 21, 1968.

Attorney(s) appearing for the Case

Norman Chung and Bert Kobayashi, Jr., (Chung, Vitousek, Chuck & Fujiyama, of counsel, and Charles M. Tonaki on the briefs) for plaintiff-appellant.

William Yim, Deputy Corporation Counsel (Stanley Ling, Corporation Counsel, and Roy Y. Kawamoto, Deputy Corporation Counsel, on the brief) for defendant-appellee City & County of Honolulu.

John A. Chanin and James S. Campbell (Smith, Wild, Beebe & Cades of counsel) for appellees Toledo; Bernaldo D. Bicoy, attorney for appellees Toledo, appeared but did not argue.

RICHARDSON, C.J., MIZUHA, MARUMOTO, ABE AND LEVINSON, JJ.

OPINION OF THE COURT BY ABE, J.

Plaintiff-appellant stepped into a hole in the unpaved portion of a sidewalk area between the sidewalk and the street curb in the City and County of Honolulu, fell and suffered personal injuries.

She brought this action alleging that the City and County of Honolulu (hereinafter called the "City"), Mr. and Mrs. Toledo and other defendants were under a duty to maintain the sidewalk area in a safe condition and that they negligently...

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