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CORDEN v. PASCHOAL'S LIMITED

No. 4862.

473 P.2d 561 (1970)

Rosaline CORDEN, Individually and as Next Friend of Jeanette Corden, Linda Ann Corden, Alvin Conrad Corden, Dennis Corden, Nelson Corden and Carolyn Corden v. PASCHOAL'S LIMITED and Fireman's Fund Insurance Company.

Supreme Court of Hawaii.

Rehearing Denied September 14, 1970.

Attorney(s) appearing for the Case

Frank D. Padgett, Honolulu (Padgett, Greeley, Marumoto & Akinaka, Honolulu, of counsel), for appellants.

Herbert K. Shimabukuro and Wayne K. Kekina, Honolulu (Libkuman, Shimabukuro & Ventura, Honolulu, of counsel), for appellees.

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

ABE, Justice.

Paschoal's Limited operates a car rental business on the island of Maui and has offices in both the Kahului area and Lahaina area. The decedent, Alvin Corden, was employed by Paschoal as supervisor in charge of the Lahaina operation. Employed in such capacity, he had the discretion over the rental of cars and also set his own working hours. Since he lived in the Kahului area, whenever a smaller car, such as...

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