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ROGERS v. STATE

No. 4794.

459 P.2d 378 (1969)

Wendy ROGERS and Richard Rogers, Jr., minors, by Richard Rogers, their Guardian Ad Litem, Richard Rogers and Penelope Rogers, Plaintiffs-Appellees, v. STATE of Hawaii and Ethel Kaya, Defendants-Appellants.

Supreme Court of Hawaii.

September 26, 1969.

Attorney(s) appearing for the Case

William H. Yim, Deputy Atty. Gen., Bert T. Kobayashi, Atty. Gen., James T. Oyama and Douglas S. Hasegawa, Deputy Attys. Gen., with him on the briefs, for defendant-appellant State.

James F. Ventura, Honolulu (Ronald D. Libkuman, with him on the brief, Libkuman, Shimabukuro & Ventura, Honolulu, of counsel), for plaintiffs-appellees.

Before RICHARDSON, C.J., MARUMOTO, ABE and LEVINSON, JJ., and LUM, Circuit Judge, in place of KOBAYASHI, J., disqualified.

MARUMOTO, Justice.

This is an appeal by the State of Hawaii from a judgment against it in an action brought in the first circuit court by Richard Rogers, his wife, and two minor children, to recover damages for injuries they suffered when an automobile which Rogers was driving collided with an automobile driven by Ethel Kaya. The judgment was in the aggregate sum of $70,400, of which $4,400 was for Rogers, $65,000 was for his wife, and $1,000 was for his children...

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