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BROWN v. CLARK EQUIPMENT CO.

No. 6177.

618 P.2d 267 (1980)

Albert Keith BROWN, Albert Keith Brown, as Executor of the Will of Barbara Ann Brown, Steven Keith Brown and Stanley Kent Brown, Plaintiffs-Appellants, Cross-Appellees, v. CLARK EQUIPMENT COMPANY, a Delaware Corporation, Defendant-Appellee, Cross-Appellant, and Ward Foods, Inc., a New York Corporation, doing business as G.M. Industries, Defendant-Appellee.

Supreme Court of Hawaii.

Reconsideration Denied October 15, 1980.

Attorney(s) appearing for the Case

David J. Dezzani, Honolulu (Michael D. Tom, Honolulu, with him on the briefs, Goodsill Anderson & Quinn, Honolulu, of counsel), for defendant-appellee, cross-appellant, Clark Equipment Co.

Albert I. Moon, Jr., Honolulu (Ashford & Wriston, Honolulu, of counsel), for plaintiffs-appellants, cross-appellees.

Ronald Libkuman, Honolulu (Libkuman, Ventura, Moon & Ayabe, Honolulu, of counsel), for defendant-appellee, Ward Foods, Inc.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., KOBAYASHI, Retired Justice, assigned by reason of vacancy and SHINTAKU, Circuit Judge, in place of KIDWELL, J., disqualified.

KOBAYASHI, Justice.

This is an appeal from the special verdict of the jury and the judgment of the court below by Albert Keith Brown, et al., plaintiffs-appellants (hereinafter Brown) and Clark Equipment Company, defendant-appellant (hereinafter Clark Equipment or Clark). The litigation below involved an action in tort (sounding in negligence and in strict liability) for the wrongful death of Barbara A. Brown caused by the impact of a heavy vehicle (a front-end rubber...

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