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BIRMINGHAM v. FODOR'S TRAVEL PUBLICATIONS, INC.

Nos. 15263 and 15384.

833 P.2d 70 (1992)

Joseph BIRMINGHAM and Gail Birmingham, Plaintiffs-Appellants, v. FODOR'S TRAVEL PUBLICATIONS, INC., a New York corporation, Defendant-Appellee, and State of Hawaii, County of Kauai, John Does 1-10, Doe Partnerships 1-10, and Doe Corporations 1-10, Jointly and Severally, Defendants. Joseph BIRMINGHAM and Gail Birmingham, Plaintiffs-Appellants, v. STATE of Hawaii and County of Kauai, Defendants-Appellees, and Fodor's Travel Publications, Inc., a New York corporation, John Does 1-10, Doe Partnerships 1-10, and Doe Corporations 1-10, Jointly and Severally, Defendants.

Supreme Court of Hawaii.

July 20, 1992.

Attorney(s) appearing for the Case

Thomas L. Mui (Chang, Mui & Chock, of counsel), Honolulu, for plaintiffs-appellants.

Edward J. Bybee (Nelson S.W. Chang with him on the brief; Bybee, Chang & Rulon, of counsel), Honolulu, for defendant-appellee Fodor's Travel Publications, Inc.

Wesley F. Fong, Deputy Atty. Gen. (Norma Desantis Titcomb with him on the brief), Department of Atty. Gen., Honolulu, for defendant-appellee State of Hawaii.

Harvey E. Henderson, Jr. (Michael H. Tsuchida with him on the brief; Moon, O'Connor, Tam & Yuen, of counsel), Honolulu, for defendant-appellee County of Kauai.

Before LUM, C.J., and WAKATSUKI, MOON, KLEIN and LEVINSON, JJ.

LEVINSON, Justice.

The plaintiffs-appellants Joseph and Gail Birmingham (the Birminghams) appeal orders entered March 13, 1991, June 4, 1991, and June 10, 1991, granting summary judgment on their negligence claims in favor of the defendants-appellees Fodor's Travel Publications, Inc. (Fodor's), State of Hawaii (State), and County of Kauai (County). On the record before us, we answer the following question: Did Fodor's, the State and/or the County owe the Birminghams...

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