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WAGATSUMA v. PATCH

No. 16037.

879 P.2d 572 (1994)

Patricia WAGATSUMA, for herself, and as Special Administrator for the Estate of Wayne Robert Wagatsuma, Plaintiff-Appellant, v. Wallace PATCH, Linda Penn, Defendants, and Doughboy Recreational, Inc., a Division of Hoffinger Industries, Inc., Defendant-Appellee. Wallace PATCH, Third-Party Plaintiff/Counterdefendant, v. Kelly JONES and Patricia Wagatsuma, Third-Party Defendants, and Wayne Wagatsuma, Third-Party Defendant/Counterclaimant. v. Wallace PATCH, Cross-claimant, v. DOUGHBOY RECREATIONAL, INC., a DIVISION OF HOFFINGER INDUSTRIES, INC., Cross-defendant. DOUGHBOY RECREATIONAL, INC., a DIVISION OF HOFFINGER INDUSTRIES, INC., Counterclaimant/Crossclaimant, v. Patricia WAGATSUMA, Counterdefendant, and Wallace Patch, Linda Penn, Kelly Jones and Wayne Wagatsuma, Cross-defendants. Wayne WAGATSUMA, Counterclaimant, v. DOUGHBOY RECREATIONAL, INC., a DIVISION OF HOFFINGER INDUSTRIES, INC., Counterdefendant.

Intermediate Court of Appeals of Hawai`i.

Certiorari Denied September 16, 1994.

Attorney(s) appearing for the Case

Phillip L. Carey (William J. Rosdil with him on the briefs), Hilo, for plaintiff-appellant.

Willson C. Moore, Jr., (Bruce H. Wakuzawa with him on the brief; Rush Moore Craven Sutton Morry & Beh, of counsel), Honolulu, for defendant-appellee.

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

HEEN, Judge.

We vacate the March 23, 1992 summary judgment (Judgment) entered by the circuit court in favor of Defendants-Appellees Doughboy Recreational, Inc., and Hoffinger Industries, Inc. (collectively Defendant),1 dismissing all of Plaintiff-Appellant Patricia Wagatsuma's (Plaintiff) negligence, strict products liability, and emotional distress claims against Defendant and remand this matter for further proceedings.

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