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OZAKI v. ASS'N OF APARTMENT OWNERS

No. 19194.

954 P.2d 652 (1998)

87 Hawai`i 273

Betty J. OZAKI, Individually and as Special Administrator of the Estate of Cynthia J. Dennis, Deceased, and Teruko K. Dennis, Plaintiffs-Appellants, v. ASSOCIATION OF APARTMENT OWNERS OF DISCOVERY BAY, Timothy W. Walker, Defendants-Appellees, and Peter Moli Sataraka, Does 1-20, Doe Partnerships 1-20, Doe Corporations 1-20, and Doe Governmental Entities 1-20, Defendants.

Intermediate Court of Appeals of Hawai`i.

Certiorari Granted February 27, 1998.

Attorney(s) appearing for the Case

David C. Schutter and Mitchell S. Wong, David C. Schutter & Associates, on the briefs, Honolulu, for plaintiffs-appellants.

Robert P. Richards and Tamara M. Gerrard, Reid, Richards & Miyagi, on the brief, Honolulu, for defendants-appellees.

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

ACOBA, Judge.

We hold that Hawai`i Revised Statutes (HRS) § 663-31 (1993), Hawai`i's modified comparative negligence statute, applies only to actions sounding wholly in negligence. Where negligence combines with other grounds of liability to cause injury to a plaintiff, we believe pure comparative negligence principles apply. In our view pure comparative negligence principles are best suited to accomplish a fair and equitable result by distributing a plaintiff...

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