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HIGA v. LINO

No. 16166.

923 P.2d 952 (1996)

82 Hawai`i 535

Miles M. HIGA, Plaintiff-Appellant, v. Fred LINO, also known as Fred X. Lino, Defendant-Appellee, and John Does 1-10, Doe Partnerships, Corporations and/or Other Entities 1-10, Defendants.

Intermediate Court of Appeals of Hawai`i.

Certiorari Denied September 30, 1996.

Attorney(s) appearing for the Case

Melvin Y. Agena and Emlyn H. Higa (Turk & Agena, of counsel), on the briefs, Honolulu, for plaintiff-appellant.

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

Before BURNS, C.J., KIRIMITSU, J., and HIRAI, Circuit Judge in place of ACOBA, J., Recused.

KIRIMITSU, Judge.

The present case involves a lawsuit brought by a passenger against one of the drivers in a multiple car accident. Plaintiff-appellant Miles M. Higa (Plaintiff), a passenger in a car driven by defendant-appellee Fred Lino (Defendant), appeals from the circuit court's May 18, 1992 judgment in favor of Defendant. We vacate the judgment and remand for further proceedings consistent with this opinion.

I. BACKGROUND

On September...

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