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YAMAMOTO v. PREMIER INS. CO.

No. 8506.

668 P.2d 42 (1983)

Mitsuo YAMAMOTO and Kimiye Yamamoto, Plaintiffs-Appellants, v. PREMIER INSURANCE COMPANY, Defendant-Appellee, and George Makuaole, John Does 1-5, Jane Does 1-5, Doe Partnerships 1-5 and Doe Corporations 1-5, Defendants.

Intermediate Court of Appeals of Hawaii.

August 3, 1983.

Attorney(s) appearing for the Case

Richard F. Dvonch, Honolulu (Vernon T. Tashima and Roy Y. Nihei, Honolulu, with him on the opening brief), for plaintiffs-appellants.

Colbert M. Matsumoto, Honolulu (Wallace S. Fujiyama, James E. Duffy, Jr., and James J. Stone, Honolulu, on the brief; Fujiyama, Duffy & Fujiyama, Honolulu, of counsel), for defendant-appellee.

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

HEEN, Judge.

Plaintiffs Mitsuo Yamamoto (Mr. Yamamoto) and Kimiye Yamamoto (Mrs. Yamamoto) appeal from a nunc pro tunc summary judgment entered in favor of defendant Premier Insurance Company (Premier),1 contending that the court erred as a matter of law in granting summary judgment to Premier. We reverse.

On December 30, 1976, Mr. Yamamoto suffered severe injuries in an automobile collision with a vehicle driven by defendant...

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