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BARHAM BY BARHAM v. RUBIN

No. 14807.

816 P.2d 965 (1991)

Phillip W. BARHAM, BY his best friend and legal guardian, Jay W. BARHAM, Appellant-Appellant, v. Winona RUBIN, Director of the Department of Human Services, State of Hawaii, Appellee-Appellee.

Supreme Court of Hawaii.

August 19, 1991.

Attorney(s) appearing for the Case

James Talmadge Countiss (B. Regina Green, with him on the briefs, of Green & Countiss), Honolulu, for appellant-appellant.

G. Cher Foerster (John Campbell, Jr., with her on the brief), Deputy Attys. Gen., Honolulu, for appellee-appellee.

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

WAKATSUKI, Justice.

At the age of 34, Phillip W. Barham suffered traumatic brain injury which left him permanently disabled and unable to care for himself. Jay W. Barham, Phillip's father, filed a personal injury lawsuit in Colorado on Phillip's behalf. The suit was settled for $310,000 in cash and an annuity which created an income stream of $3000 a month for life.

A Colorado probate court approved the settlement pursuant to the creation of a trust for Phillip...

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