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FRANK v. HAWAII PLANING MILL FOUNDATION

No. 20343.

967 P.2d 662 (1998)

88 Hawai`i 465

Peter FRANK, Plaintiff-Appellant, v. HAWAII PLANING MILL FOUNDATION, et al., Defendant-Appellees, and HAWAII PLANING MILL FOUNDATION and Hawaii Planing Mill, Ltd., Defendants and Third-Party Plaintiffs-Appellees, v. HM BLACK, INC. dba Express Employment, Third-Party Defendant-Appellee.

Intermediate Court of Appeals of Hawai`i.

Certiorari Granted July 2, 1998.

Attorney(s) appearing for the Case

Arthur Y. Park, Laurent J. Remillard, Jr., and John C. McLaren (Park Kim Yu & Remillard, of counsel) on the briefs, Honolulu, for plaintiff-appellant.

Dean E. Ochiai, on the brief, Honolulu, for defendants and third-party plaintiffs-appellees.

Before WATANABE, ACOBA and KIRIMITSU, JJ.

WATANABE, Judge.

In this appeal, we have been asked to determine whether an employee of a temporary employment agency is precluded by Hawai`i Revised Statutes (HRS) § 386-5 (1993),1 the exclusive remedy provision of the Hawai`i Workers' Compensation Law, from bringing a negligence action against a customer of the agency for injuries sustained while the employee was assigned to and working on the premises of the customer. The Third...

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