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DAVIS v. WHOLESALE MOTORS, INC.

No. 18656.

949 P.2d 1026 (1997)

86 Hawai`i 405

Thomas J. DAVIS, Plaintiff-Appellant/Cross-Appellee, v. WHOLESALE MOTORS, INC., a Hawai`i corporation, Defendant-Appellee/Cross-Appellant, and George Garrid Ford and Raymond D. Miranda, Defendants.

Intermediate Court of Appeals of Hawai`i.

As Amended December 19, 1997.

As Amended January 13, 1998.

Certiorari Denied January 23, 1998.

Attorney(s) appearing for the Case

Charles S. Lotsof, on the briefs, Honolulu, for plaintiff-appellant/cross-appellee.

Mark T. Shklov, Stuart M. Cowan, and John Harris Paer, on the briefs, Honolulu, for defendant-appellee/cross-appellant.

Before WATANABE, ACOBA and KIRIMITSU, JJ.

ACOBA, Judge.

I.

We hold that in an action by a consumer alleging unfair or deceptive acts or practices in the conduct of any trade or commerce, in violation of Hawai`i Revised Statutes (HRS) § 480-2 (1993), the "unclean hands" of the consumer is not a defense to a claim for damages under HRS § 480-13(b)(1) (1993). The first circuit court (the court) ruled to the contrary, and awarded Plaintiff-Appellant/Cross-Appellee Thomas J. Davis (Plaintiff...

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