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HIRASA v. BURTNER

No. 9886.

702 P.2d 772 (1985)

Riley K. HIRASA, Plaintiff-Appellee, v. Jesse H. BURTNER, Cackle Fresh Egg Farms, Olson Farms, Inc. and Fairview Egg Farms, Inc., Defendants-Appellants, and STATE of Hawaii, John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Roe "Non-Profit" Corporations 1-10 and Roe Governmental Entities 1-10, Defendants, and Jesse H. Burtner, Cackle Fresh Egg Farms, Olson Farms, Inc. and Fairview Egg Farms, Inc., Third-Party Plaintiffs-Appellants, v. Paul BURNETT, Sylvester Cullen, Edward Souza, Jr. and City and County of Honolulu, Third-Party Defendants-Appellees, and State of Hawaii, John Does 4-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Roe "Non-Profit" Corporations 1-10 and Roe Governmental Entities 2-10, Third-Party Defendants.

Supreme Court of Hawaii.

July 11, 1985.

Attorney(s) appearing for the Case

Kevin P.H. Sumida, Honolulu (Clyde Wm. Matsui and Randall Y.S. Chung, Honolulu, on briefs, Clyde Wm. Matsui, A Law Corp., Honolulu, of counsel), for defendants-appellants and third-party plaintiffs-appellants Jesse H. Burtner, Cackle Fresh Egg Farms, Olson Farms, Inc. and Fairview Egg Farms, Inc.

Wesley F. Fong, Deputy Corp. Counsel, Honolulu, on brief, for third-party defendants-appellees Paul Burnett, Sylvester Cullen, Edward Souza, Jr., and City and County of Honolulu.

Wayson Chow, Honolulu (James A. King, King & Nakamura, Honolulu, on brief), for plaintiff-appellee Riley K. Hirasa.

Before LUM, C.J., PADGETT, HAYASHI and WAKATSUKI, JJ., and BURNS, Intermediate Court of Appeals Chief Judge, in place of NAKAMURA, J., recused.

WAKATSUKI, Justice.

We focus on two issues in this appeal. Whether the trial court erred in dismissing Defendants' (Appellants), Jesse H. Burtner, Cackle Fresh Egg Farms, Olson Farms, Inc., and Fairview Egg Farms, Inc., third-party complaint against the Third-Party Defendants (Appellees), Paul Burnett, Sylvester Cullen, Edward Souza, Jr. and the City and County of Honolulu, based on the exclusiveness of liability under Hawaii Revised Statutes (HRS) § 386-5;

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