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GLOVER v. GRACE PACIFIC CORP.

No. 18317.

948 P.2d 575 (1997)

86 Hawai`i 154

William D. GLOVER, Jr., Plaintiff-Appellant, v. GRACE PACIFIC CORPORATION, H.T. & T. Company, Inc. and Peterbilt Motors Corporation, a Division of PACCAR, Inc., Defendants-Appellees. GRACE PACIFIC CORPORATION, Third-Party Plaintiff-Appellee, v. H.T. & T. COMPANY, INC. and Peterbilt Motors Corporation, a Division of PACCAR, Inc., Third-Party Defendants-Appellees.

Intermediate Court of Appeals of Hawai`i.

October 21, 1997.

Attorney(s) appearing for the Case

Philip D. Bogetto, on the briefs, Honolulu, for plaintiff-appellant.

Dean E. Ochiai, Leslie R. Kop, Brenda Morris Hoernig, Shannon L. Wack, and Elton K.Suzuki, on the brief, Honolulu, for defendant and third-party plaintiff-appellee Grace Pacific Corporation.

Janice T. Futa and George H. Keller (Greeley Walker & Kowen), on the brief, Honolulu, for defendants and third-party defendants-appellees H.T. & T. Company, Inc. and Peterbilt Motors Company.

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

ACOBA, Judge.

We hold in this appeal by Plaintiff-Appellant William D. Glover, Jr. (Glover) that while an order may condition Hawai`i Rules of Civil Procedure (HRCP) Rule 37(b) sanctions on the offending party's failure to satisfy a condition contained in the order, the order in the instant case was not enforceable because the condition that Glover "reschedule" an independent medical examination (IME) with a physician retained by Defendant and Third-Party Plaintiff...

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