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SHIMABUKU v. MONTGOMERY ELEVATOR CO.

No. 16594.

903 P.2d 48 (1995)

79 Hawai`i 352

Lloyd SHIMABUKU and Lauren M. Shimabuku, Plaintiffs-Appellees, v. MONTGOMERY ELEVATOR COMPANY, Defendant-Appellee, and John Does I-V; Doe Partnerships I-V; and Doe Corporations I-V: and Doe Governmental Entities I-V, Defendants. State of Hawai`i, Intervenor-Appellant.

Supreme Court of Hawai`i.

September 12, 1995.

Attorney(s) appearing for the Case

Sandra A. Yee, Deputy Atty. Gen., on the briefs, Honolulu, for intervenor-appellant.

Steven H. Aden (Gerard A. Jervis, Andrew S. Winer of Jervis & Winer, Kailua, and George K. Lindsey, Jr., Honolulu, with him on the brief), for plaintiffs-appellees.

Sydney K. Ayabe (Robin R. Horner of Libkuman, Ventura, Ayabe, Chong & Nishimoto, with him on the brief), Honolulu, for defendant-appellee.

MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

RAMIL, Justice.

Plaintiffs-appellees Lloyd Shimabuku (Shimabuku) and Lauren Shimabuku brought a tort action against defendant-appellee Montgomery Elevator Company (Montgomery) for injuries suffered during the scope and course of Shimabuku's employment with intervenor-appellant State of Hawai`i (Employer). Shimabuku received workers' compensation benefits from Employer. On the day after jury selection began and without Employer's knowledge or consent, Shimabuku and...

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