No. 6368.

615 P.2d 749 (1980)

Otto BEERMAN, Ruby Beerman and Otto Beerman, as Guardian Ad Litem of Perry Beerman, a minor, Plaintiffs-Appellants, v. TORO MANUFACTURING CORPORATION, Inter-Island Equipment Company, Defendants-Appellees, and The City and County of Honolulu, Defendant.

Intermediate Court of Appeals of Hawaii.

August 5, 1980.

Attorney(s) appearing for the Case

R. Patrick Jaress, Honolulu, Mukai, Ichiki, Raffetto & MacMillan (Renton L. Nip, Honolulu, opening brief and Shackley F. Raffetto, Honolulu, reply brief), for plaintiffs-appellants.

Stephen B. McDonald (Peter C.-P. Char, Honolulu, on brief), Stephen K.C. Mau, Edmund L. Lee, Jr., (Cades, Schutte, Fleming & Wright) Honolulu, Hamilton, Gibson, Nickelsen, Rush & Moore, Corp. Counsel, Honolulu, for defendants-appellees.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.


In this case to recover damages for injuries caused by an allegedly defective lawn mower, plaintiffs-appellants appeal the granting of a partial summary judgment, the granting part way through plaintiffs-appellants' case of an oral motion to dismiss and the taxation of costs.

The following issues are the subject of this appeal:

1. Whether appellants were properly required to produce the specific lawn mower alleged to be defective in...

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