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NISHI v. HARTWELL

No. 4758.

473 P.2d 116 (1970)

Frances T. NISHI, Executrix of the Estate of Paul T. Nishi, Deceased, and Frances T. Nishi, Individually, Plaintiffs-Appellants, v. Dr. Alfred S. HARTWELL and Dr. Niall M. Scully, Defendants-Appellees.

Supreme Court of Hawaii.

Rehearing Denied September 9, 1970.

Attorney(s) appearing for the Case

Michael Shane, Honolulu (Hyman M. Greenstein, Honolulu, on the brief; Greenstein & Cowan, Honolulu, of counsel), for appellants.

John H.R. Plews, Honolulu (Thomas M. Waddoups, Honolulu, on the brief; Robertson, Castle & Anthony, Honolulu, of counsel), for appellees.

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

MARUMOTO, Justice.

This is an appeal by plaintiffs from a circuit court judgment dismissing their medical malpractice action against Dr. Alfred Hartwell and Dr. Niall Scully. Dr. Hartwell is a cardiovascular specialist, and Dr. Scully is a thoracic surgeon. Both practice their profession in Honolulu. The judgment was entered upon the granting of defendants' motion to dismiss at the close of plaintiffs' case in a trial before a jury.

The action was originally...

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