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KEALOHA v. E.I. DU PONT DE NEMOURS AND CO., INC.

Nos. 94-15688, 94-16405.

82 F.3d 894 (1996)

Elysa KEALOHA, Individually and as Next Friend to Gabe Kealoha; Esther Cabalse; Moses Cabalse; Jonnie Cook; David Frederickson; Barbara Hook; Raymond Hook; and Jack Hook, Plaintiffs-Appellants, v. E.I. DU PONT DE NEMOURS AND COMPANY, INC.; Dow Corning Corporation, Defendants-Appellees. Cynthia WOLFE, Individually and as Next Friend to Sarah Straub, Individually and as Next Friend to Matthew Wolfe; Kent Wolfe, Plaintiffs-Appellants, v. VITEK, INC., Defendant, E.I. du Pont de Nemours and Company, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit

Decided May 3, 1996.

Attorney(s) appearing for the Case

Alan R. Brayton, Brayton, Gisvold & Harley, Novato, California, for the plaintiffs-appellants.

Edward M. Mansfield, Lewis and Roca, Phoenix, Arizona, for the defendants-appellees.

Before: HUG, Chief Judge; THOMPSON, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether, under Hawaii law, a manufacturer has a duty to warn of danger posed by a material that is later used in a medical implant device.

I

Elysa Kealoha and the eight other appellants (collectively "Kealoha") appeal the district court's grant of summary judgment in favor of E.I. du Pont de Nemours & Company ("DuPont") in this products liability action arising...

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