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AJIROGI v. STATE

Civ. No. 5907.

583 P.2d 980 (1978)

Harold H. AJIROGI and Teruko Ajirogi, Plaintiffs-Appellees, v. STATE of Hawaii, Defendant-Appellant. Robert FURUTA, Plaintiff-Appellee, v. STATE of Hawaii, Defendant-Appellant.

Supreme Court of Hawaii.

Rehearings Denied September 20, 1978.

Attorney(s) appearing for the Case

Charlotte E. Libman, Deputy Atty. Gen., Honolulu, State of Hawaii, for defendant-appellant.

Herbert K. Shimabukuro, Honolulu (Nishimura, Lee & Shimabukuro, Honolulu, of counsel), for plaintiffs-appellees Ajirogis.

David H. White, Honolulu (Okano, Noguchi & Wong, Honolulu, of counsel), for plaintiff-appellee Furuta.

Before RICHARDSON, C.J., and KOBAYASHI, MENOR and KIDWELL, JJ., and SODETANI, Circuit Judge, in place of OGATA, J., recused.

KIDWELL, Justice.

This case involves one of society's most baffling problems: that of the borderline mental patient. Plaintiffs-appellees seek to recover from the State for injuries resulting from an escapade by such an individual (hereafter referred to as T). In a bench trial, the trial court found that the State had been negligent in permitting T to escape from the State hospital for the mentally ill (hereafter the State hospital) and was liable for the injuries...

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