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IKENE v. MARUO

No. 5147.

511 P.2d 1087 (1973)

Ruth IKENE, a minor, by Jensuke Ikene, her Guardian Ad Litem, et al., Plaintiffs-Appellees, v. Chad MARUO, a minor, by Paul Maruo, his Guardian Ad Litem, et al., Defendants-Appellees, and State of Hawaii, Defendant-Appellant.

Supreme Court of Hawaii.

July 3, 1973.

Attorney(s) appearing for the Case

Simeon R. Acoba, Deputy Atty. Gen. (George Pai, Atty. Gen., Honolulu, of counsel), for defendant-appellant.

Reuben S.F. Wong, Honolulu (Chuck & Fujiyama, Honolulu, of counsel), for plaintiff-appellee.

Wayne K. Kekina, Honolulu (Libkuman, Ventura & Moon, Honolulu, of counsel), for defendants-appellees.

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

LEVINSON, Justice.

This is a negligence action arising from injuries sustained in an automobile accident when the defendant-driver lost control of his vehicle on the curve of Nimitz Highway at Iwilei Street and the car collided with a utility pole. The State, which was made a party pursuant to the State Tort Liability Act, HRS ch. 662, appeals from a judgment which was based upon a finding that its negligence was 40% responsible for the damages suffered by the plaintiff...

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