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COOTEY v. SUN INV., INC.

No. 9168.

690 P.2d 1324 (1984)

Patrick F. COOTEY and Yvonne M. Cootey, Plaintiffs-Appellants, v. SUN INVESTMENT, INC., and County of Hawaii, Defendants-Appellees, and COUNTY OF HAWAII, a municipal corporation, Third-Party Plaintiff-Appellee, v. JHK TANAKA, INC., Third-Party Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

Reconsideration Denied November 29, 1984.

Attorney(s) appearing for the Case

William J. Rosdil, Hilo (Greg K. Nakamura, Hilo, with him on the briefs; William J. Rosdil, Hilo, a law corporation, of counsel), for plaintiffs-appellants.

Carleton B. Reid, Honolulu (John C. Wong, Honolulu, with him on the brief; Davis, Playdon, Reid & Richards, Honolulu, of counsel) for defendant-appellee Sun Inv., Inc.

Sandra E. Pechter, Deputy Corp. Counsel, County of Hawaii, Hilo, for defendant-appellee County of Hawaii.

Kenneth K. Fukunaga, Honolulu (Tom C. Leuteneker, Hilo, with him on the brief; Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel), for defendant-appellee JHK Tanaka, Inc.

Colleen K. Hirai, Deputy Corp. Counsel, City & County of Honolulu, Honolulu, Lee A. Ohigashi, Deputy Corp. Counsel, County of Maui, and Warren C.K. Perry, Second Deputy County Atty., County of Kauai, on the brief for City & County of Honolulu, County of Maui, and County of Kauai, respectively, joint amicus curiae.

HEEN, Judge.

In this negligence action for damages caused by the flooding of plaintiffs Patrick F. and Yvonne M. Cootey's (Cooteys) home, Cooteys appeal the action of the trial court denying their motion for directed verdict and granting those of defendants Sun Investment, Inc. (Sun), County of Hawaii (County), and JHK Tanaka, Inc. (Tanaka).1

The general question is whether the court erred in granting Defendants' motions and denying...

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