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RAPOZA v. PARNELL

No. 17344.

924 P.2d 572 (1996)

83 Hawai`i 78

Fulton A. RAPOZA, Jr., Plaintiff-Appellant, v. Sean D. PARNELL, Defendant-Appellee.

Intermediate Court of Appeals of Hawai`i.

As Amended September 3, 1996.

Attorney(s) appearing for the Case

Lawrence W. Cohn (Cohn, Sogi & Smith, of counsel), on the briefs, Kailua-Kona, for plaintiff-appellant.

Jeffrey H. K. Sia and Rhonda A. Nishimura (Libkuman, Ventura, Ayabe, Chong & Nishimoto, of counsel), on the brief, Honolulu, for defendant-appellee.

Before WATANABE, ACOBA and KIRIMITSU, JJ.

KIRIMITSU, Judge.

In this pedestrian/automobile accident case, plaintiff-appellant Fulton A. Rapoza, Jr. (Plaintiff), appeals from the July 6, 1993 judgment entered in favor of defendant-appellee Sean D. Parnell (Defendant) and the August 3, 1993 order denying Plaintiff's motion for new trial. For the reasons set forth below, we vacate the judgment and remand for a new trial.

I. BACKGROUND

On August 18, 1989, at 3:00 p.m., Plaintiff got off...

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