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ESTATE OF COATES v. PACIFIC ENGINEERING

No. 13848.

791 P.2d 1257 (1990)

The ESTATE OF John COATES, IV, by its Personal Representative, Sharon Abrew, John Coates, III, and Joyce Coates, Plaintiffs-Appellants, v. PACIFIC ENGINEERING, A DIVISION OF PACIFIC LINING COMPANY, INC., a California corporation, Pacific Engineered Products, Inc., a California corporation, Carver Pump Company, an Iowa corporation, Kirst Pump & Machine Works, a California corporation, Westin Hotel Corporation, dba Westin Maui, a Delaware corporation, Chris Hemmeter, individually, Hemmeter Maui Development Company, a Hawaii limited partnership, Dillingham Construction Pacific, Ltd., dba Hawaiian Dredging & Construction Company, John Does 1-5, John Doe Corporations 1-5, John Doe Partnerships 1-5, Roe Non-Profit Organizations 1-5, and Roe Governmental Agencies 1-5, Defendants-Appellees.

Supreme Court of Hawaii.

May 2, 1990.

Attorney(s) appearing for the Case

James Krueger (Timothy P. McNulty and Kevin H.S. Yuen, with him on the briefs), Wailuku, for plaintiffs-appellants.

Charles H. Witherwax (M. Tyler Pottenger, with him on the brief), Honolulu, for defendant-appellee, Pacific Lining Co.

David Lo and Moya T. Davenport Gray, Honolulu, on briefs, for defendants-appellees Westin Hotel Corp., dba Westin Maui, Hemmeter Maui Development Co., and Dillingham Const. Pacific, Ltd., dba Hawaiian Dredging and Const. Co.

Robyn M. Kuwabe and Wayne A. Matsuura, Deputy Attys. Gen., Dept. of Atty. Gen., Honolulu, for the State.

Before LUM, C.J., PADGETT, HAYASHI and WAKATSUKI, JJ., and NAKAMURA, Retired Justice in place of MOON, J., Recused.

LUM, Chief Justice.

Plaintiffs-Appellants The Estate of John Coates, IV, by its personal representatives Sharon Abrew, John Coates, II, and Joyce Coates appeal from a summary judgment in favor of Appellee Pacific Lining Company, Inc. Appellants argue that this court should reverse the summary judgment by adopting the "dual capacity" doctrine to allow the non-dependent relatives of Mr. Coates to recover for his wrongful death and by ruling that the exclusivity provision...

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