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LEARY v. POOLE

No. 9779.

705 P.2d 62 (1985)

Rosemary T. LEARY, as Special Administrator of the Estate of Joseph P. Torrez, Deceased, Sally Torrez and John R. Torrez, survivors of Joseph P. Torrez, Plaintiffs-Appellants, v. Matthew John POOLE, Defendant-Appellee, and City and County of Honolulu; State of Hawaii; Frank's Towing Service, Inc.; John Does 1-5; Mary Does 1-5; Doe Partnerships 1-5; and Doe Corporations 1-5, Defendants. CITY AND COUNTY OF HONOLULU and State of Hawaii, Defendants and Third-Party Plaintiffs, v. Gayle E. PARKS, Third-Party Defendant.

Intermediate Court of Appeals of Hawaii.

Reconsideration Denied July 11, 1985.

Attorney(s) appearing for the Case

Dennis K. Ferm, Honolulu (Ian L. Mattoch with him on the brief; Law Offices of Ian L. Mattoch, Honolulu, of counsel), for plaintiffs-appellants.

Dale W. Lee, Honolulu (Bert T. Kobayashi, Jr. and Randall Y. Yamamoto with him on the brief; Kobayashi, Watanabe, Sugita & Kawashima, Honolulu, of counsel), for defendant-appellee.

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

TANAKA, Judge.

In this appeal plaintiffs Rosemary T. Leary, as Special Administrator of the Estate of Joseph P. Torrez (Torrez), Deceased, and Sally and John R. Torrez, parents of Torrez (collectively Plaintiffs), question the appropriateness of the summary judgment entered in favor of defendant Matthew John Poole (Poole) in a wrongful death action based on negligence. The dispositive issue is whether, on the evidence presented by the motion, negligence and proximate...

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