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ALVARADO v. KIEWIT PACIFIC CO.

No. 19984.

993 P.2d 558 (1998)

92 Hawai`i 524

Marcelo ALVARADO, Plaintiff-Appellant, v. KIEWIT PACIFIC COMPANY and Aetna Casualty & Surety Company, Intervenors-Appellees, and Hygrade Electric Company; John Does 1-5; Jane Does 1-5; Doe Corporations 1-5, Doe Partnerships 1-5; Roe Non-Profit Organizations 1-5; Doe Governmental Entities 1-5, Defendants.

Intermediate Court of Appeals of Hawai`i.

Certiorari Granted May 12, 1998.

Attorney(s) appearing for the Case

Herbert R. Takahashi, Stanford H. Masui, Danny J. Vasconcellos, and Rebecca L. Covert, Takahashi, Masui and Vasconcellos, of counsel, on the briefs, Honolulu, for plaintiff-appellant.

Kurt A. Gronau, Brian G.S. Choy, and Glenn N. Taga, Gronau Choy & Taga, of counsel, on the brief, Honolulu, for intervenors-appellees.

WATANABE, ACOBA, and KIRIMITSU, JJ.

Opinion of the Court by KIRIMITSU, J.

I. INTRODUCTION

This case requires us to outline how to distribute, between an employer and employee, the amount of a judgment or settlement recovered by an injured employee who prosecutes a third-party action alone. Pursuant to Hawai`i Revised Statutes (HRS) § 386-8 (1993),1 we hold that the starting point is (1) the total amount of...

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