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CHEDESTER v. STECKER

No. 7448.

643 P.2d 532 (1982)

Ralph CHEDESTER and Christine Velte-Chedester, individually and on behalf of Sunshine Homeowner's Association, a Hawaii corporation, Plaintiffs-Appellees, Cross-Appellants, v. Herbert C. STECKER, James L. Potter, M. Miller Huggins, and Mauka Hui, Inc., a Hawaii corporation, Defendants-Appellants, Cross-Appellees.

Supreme Court of Hawaii.

Reconsideration Denied April 20, 1982.

Attorney(s) appearing for the Case

Tom C. Leuteneker, Hilo (Carlsmith, Carlsmith, Wichman & Case, Hilo, of counsel), for plaintiffs-appellees, cross-appellants.

Lawrence W. Cohn, Kailua-Kona (Cohn & Smith, Kailua-Kona, of counsel), for defendants-appellants, cross-appellees.

Before LUM, Acting C.J., NAKAMURA, J., OGATA, Retired Justice, in place of RICHARDSON, C.J., absent, and HAYASHI and PADGETT, Intermediate Court of Appeals Judges, assigned by reason of vacancies.

PADGETT, Justice.

This case involves an appeal and cross-appeal from a judgment entered for plaintiffs-appellees after a jury verdict. The only claim submitted to the jury was one for damages for emotional distress arising out of claimed negligent conduct in the course of attempting to collect an assessment for a waterline in a subdivision. Defendants-Appellants appeal, claiming that absent some physical injury to person or property, there can be no recovery for the...

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