GELDERT v. STATE

No. 7264.

649 P.2d 1165 (1982)

Shirley GELDERT, Melanie Geldert, Robin Margaret Geldert, Michael Dean Geldert, and Shirley Geldert, Executrix of the Estate of Walter L. H. Geldert, Plaintiffs-Appellants, v. STATE of Hawaii, Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

Reconsideration Denied September 7, 1982.


Attorney(s) appearing for the Case

Matthew T. Ihara, Gallup, Mah, Van Pernis & Ihara, Honolulu (Stanley S. Mah, Honolulu, with him on briefs), for plaintiffs-appellants.

Mario R. Ramil, Deputy Atty. Gen. (Melvyn M. Miyagi on brief), for defendant-appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.


TANAKA, Judge.

This is a wrongful death action tried by the court below without jury. Plaintiffs appeal the judgment in favor of defendant State of Hawaii (State).

The paramount issue is whether the trial court's findings of fact (and the conclusions of law based thereon) that the decedent was negligent and that his negligence was greater than the negligence of all defendants in the case combined were clearly erroneous. The subsidiary issues are whether the...

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