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STEVENS v. KIRKPATRICK

No. 17019.

919 P.2d 1003 (1996)

82 Hawai`i 91

Lealisa STEVENS, Plaintiff-Appellant, v. Daniel KIRKPATRICK and Maui Bicycle Safaris, Inc., dba Maui Downhill, Defendants-Appellees.

Intermediate Court of Appeals of Hawai`i.

July 9, 1996.

Attorney(s) appearing for the Case

Larry Mark Polsky and Burton D. Gould (Polsky & Gould, of counsel), on the brief, Paia, Maui, for plaintiff-appellant.

Paul T. Yamamura, Jonathan L. Ortiz, Dennis E.W. O'Connor, Jr. and Lila B. Kanae (Ortiz & Yamamura, of counsel), on the brief, Honolulu, for defendants-appellees.

Before BURNS, C.J., and ACOBA and KIRIMITSU, JJ.

KIRIMITSU, Judge.

In this motor vehicle accident case, Plaintiff-Appellant Lealisa Stevens (Plaintiff) appeals from the April 6, 1993 order granting Defendants-Appellees Maui Bicycle Safaris, Inc., dba Maui Downhill (Maui Downhill), and Daniel Kirkpatrick's (Kirkpatrick) motion to dismiss (Order of Dismissal).

I. BACKGROUND

On January 13, 1991, Plaintiff was injured in a motor vehicle accident when her vehicle collided with a Maui Downhill...

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