ESPANIOLA v. CAWDREY MARS JOINT VENTURE

No. 9680.

707 P.2d 365 (1985)

Teresa A. ESPANIOLA, Individually and as Special Administratrix of the Estate of Don P. Espaniola, Deceased, and Leolani A. Espaniola and Don P. Espaniola, Jr., minors, by their next friend, Teresa A. Espaniola, and Mr. and Mrs. Moses Espaniola, Plaintiffs, v. CAWDREY MARS JOINT VENTURE, a Partnership, Tedwill, Inc., Molokai Electric Company, Limited, Fritz, Inc., Fritz of Hawaii, Inc., Doe Corporations 3-10, and John and Jane Does 1-50, Defendants and Third-Party Plaintiff-Appellant, v. Joe E. LEMING, Third-Party Defendant-Appellee.

Supreme Court of Hawaii.

September 26, 1985.


Attorney(s) appearing for the Case

Richard E. Stifel, Honolulu (Lawrence L. Tong, Honolulu, with him on the briefs; Goodsill, Anderson, Quinn & Stifel, Honolulu, of counsel), for defendants and third-party plaintiff-appellant.

William A. Bordner, Honolulu (Gary L. Miller, Honolulu, with him on the brief; Burke, Sakai, McPheeters, Bordner & Gilardy, Honolulu, of counsel), for third-party defendant-appellee.

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


NAKAMURA, Justice.

"The ... remedies ... granted [by the Workers' Compensation Law] to an employee or his dependents on account of a work injury... exclude all other liability of the employer to the employee, his legal representative, spouse, dependents, next of kin, or anyone else entitled to recover damages from the employer... ." Hawaii Revised Statutes (HRS) § 386-5 (1976).1 The question is whether this "exclusive liability" clause...

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