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FONSECA v. PACIFIC CONSTRUCTION CO., LTD.

No. 5317.

513 P.2d 156 (1973)

Shawn Anthony FONSECA and Michelle Leilani Fonseca et al., Plaintiffs-Appellants, v. PACIFIC CONSTRUCTION CO., LTD., et al., Defendants and Third-Party Plaintiffs-Appellees, v. SPERRY CONSTRUCTION CO., INC., a corporation, Third-Party Defendant-Appellee.

Supreme Court of Hawaii.

August 8, 1973.

Attorney(s) appearing for the Case

Gene Bridges, Honolulu (Shim, Sigal, Ono & Huddy, Honolulu, of counsel), for plaintiffs-appellants.

James Kawashima, Honolulu (Kobayashi, Koshiba & Watanabe, Honolulu, of counsel), for defendants and third-party plaintiffs-appellees.

Anthony Y.K. Kim, Honolulu (Conroy, Hamilton, Gibson, Nickelsen & Rush, Honolulu, of counsel), for third-party defendant-appellee.

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

LEVINSON, Justice.

This case involves a dispute over the immunity of third parties to common law tort actions under our workmen's compensation scheme.

The facts are simple: The plaintiffs-appellants are the dependents, widow, parents and estate of John Fonseca, Jr. Fonseca was an employee of Sperry Construction Co., Inc., a subcontractor of either or both Pacific Construction Co., Ltd., and The Hawaii Corporation, hereafter referred to as the general contractors...

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