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YAP v. CONTROLLED PARASAILING

No. 16184.

873 P.2d 1321 (1994)

76 Hawai`i 248

Frank YAP, Jr., as Special Administrator of the Estate of Mami Kumagai, deceased, Yoshimasa Kumagai, Teiko Kumagai, and Kimi Kumagai, Plaintiffs-Appellants, v. CONTROLLED PARASAILING OF HONOLULU, INC., Parasailing Enterprises, Inc., Controlled Parasailing Systems, Inc., Dean Auren; and Roland Ribordy, Defendants-Appellees, and John Does 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Corporations 1-10; Roe "Non-Profit" Corporations 1-10; and Roe Governmental Entities 1-10, Defendants.

Supreme Court of Hawaii.

May 25, 1994.

Attorney(s) appearing for the Case

Henry N. Kitamura (Raymond J. Tam and Walter S. Kirimitsu, with him on the briefs; of Shim, Tam, Kirimitsu & Chang), Honolulu, for plaintiffs-appellants Frank Yap, Jr., as Sp. Adm'r of the Estate of Mami Kumagai, Deceased, and Kimi Kumagai.

Sharon R. Himeno (Kenneth T. Okamoto and Sanford T. Inouye, with her on the briefs; of Price, Okamoto, Himeno & Lum), Honolulu, for plaintiffs-appellants Yoshimasa Kumagai and Teiko Kumagai.

James Kawashima (John T. Komeiji and Charlene K. Ikeda, with him on the briefs; of Watanabe, Ing & Kawashima), Honolulu, for defendants-appellees Controlled Parasailing of Hawaii, Inc., Dean Auren and Roland Ribordy.

Steven K. Hisaka (of Hisaka, Ayabe & Goto), Honolulu, for defendant-appellee Parasailing Enterprises, Inc.

Before MOON, C.J., LEVINSON and RAMIL, JJ., ACOBA, Circuit Court Judge, in place of KLEIN, recused, and AIONA, Circuit Court Judge, in place of NAKAYAMA, recused.

RAMIL, Justice.

Plaintiffs-Appellants Frank Yap, Jr. (Yap), as Special Administrator of the Estate of Mami Kumagai (Mami), deceased, Yoshimasa Kumagai (Yoshimasa), Teiko Kumagai (Teiko), and Kimi Kumagai (Kimi) (collectively Plaintiffs) appeal from the judgment pursuant to a special verdict and the subsequent orders of the circuit court in a case involving a parasailing accident that resulted in Mami's death.

On appeal, Plaintiffs contend that: (1) the circuit...

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