MATSUMOTO v. ASAMURA

No. 9991.

706 P.2d 1311 (1985)

Kathleen Y. MATSUMOTO, Plaintiff-Appellant, v. William ASAMURA, Defendant and Third-Party Plaintiff-Appellee, v. Eugene BAYOT, Soledad Bayot and Frank Bayot, Third-Party Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

Reconsideration Denied, August 29, 1985.


Attorney(s) appearing for the Case

Cedric Choi, Honolulu (John B. Shimizu, Honolulu, with him on the briefs; Foley, Maehara, Judge, Choi, Nip & Okamura, Honolulu, of counsel), for plaintiff-appellant.

John T. Komeiji, Honolulu (Lyle Y. Harada, Honolulu, with him on the brief; Kobayashi, Watanabe, Sugita & Kawashima, Honolulu, of counsel), for defendant and third-party plaintiff-appellee.

Eric T.W. Kim, Honolulu (Douglas T.Y. Lee with him on the brief; Rice, Lee & Wong, Honolulu, of counsel), for third-party defendants-appellees.

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


TANAKA, Judge.

Plaintiff Kathleen Y. Matsumoto (Matsumoto), now known as Kathleen Yap Hise, appeals the denial of her motion for new trial on the grounds of newly discovered evidence. The dispositive issue is whether the trial court abused its discretion in denying Matsumoto's motion. We answer no and affirm.

On March 16, 1979, an automobile driven by William Asamura (Asamura) and in which Matsumoto was a passenger was involved in an accident with a car driven...

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