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JOSHUA v. MTL, INC.

No. 8177.

656 P.2d 736 (1982)

John JOSHUA, Plaintiff-Appellant, v. MTL, INC. and Bobby E. Denson, Defendants-Appellees.

Supreme Court of Hawaii.

Reconsideration Denied January 12, 1983.

Attorney(s) appearing for the Case

Hayden F. Burgess, Waianae, for plaintiff-appellant.

David Waters, Goodsill Anderson & Quinn, Honolulu, for defendants-appellees.

Before RICHARDSON, C.J., and LUM, NAKAMURA, PADGETT and HAYASHI, JJ.

PADGETT, Justice.

This is an appeal from a judgment below granting the motion to dismiss appellant's complaint for personal injuries arising out of an automobile accident on the ground that the statute of limitations, § 294-36(b), HRS, had expired before the filing of suit. Because we hold that that section and § 294-6(a)(2), HRS, contravene the equal protection clause of Article I, Section 5 of the Constitution of the State of Hawaii, in that those statutes...

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