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KOLE v. AMFAC, INC.

No. 12125.

750 P.2d 929 (1988)

Daniel KOLE and Anita Kole, Plaintiffs, v. AMFAC, INC., a Hawaii corporation, et al., Defendants.

Supreme Court of Hawaii.

February 26, 1988.

Attorney(s) appearing for the Case

Robin M. Kishi (Walter Davis and Howard J. Gravelle with her on the briefs of Davis, Reid & Richards, Pauahi Tower, Honolulu), for defendants Mokulani Venture and Mid-Continent Builders, Inc.

James Krueger (Timothy P. McNulty and Magali V. Richter with him on the briefs), Wailuku, Maui, for appellees.

David Schulmeister (Stephen S. MacDonald and Patricia Uyehara Wong with him on the briefs of Cades, Schutte, Fleming & Wright, Honolulu), for defendant Amfac, Inc.

Colleen K. Hirai of Libkuman, Ventura, Ayabe and Hughes, Honolulu, for defendant Kaanapali Royal Associates.

Victoria I. Chau and David W. Lo with her on the brief, Honolulu, for defendant Association of Apartment Owners of Kaanapali Royal.

Gayle L. Chun and Richard C. Sutton, Jr., on the brief of Rush, Moore, Craven, Kim & Stricklin, Honolulu, for defendant Jim Gallagher.

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

WAKATSUKI, Justice.

Defendants Jim Gallagher ("Gallagher") and Mid-Continent Builders, Inc. ("Builders") are partners in defendant Mokulani Venture ("Venture"). Venture was the owner of Unit No. F303 of the Kaanapali Royal Condominium. Gallagher, acting on behalf of Venture, leased the unit to plaintiffs Daniel Kole and Anita Kole ("the Koles"). While using the common swimming pool area of the condominium, Daniel Kole was struck and injured by a golf ball hit by a...

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