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NIELSEN v. AMERICAN HONDA MOTOR CO., INC.

No. 22189.

989 P.2d 264 (1999)

92 Hawai`i 180

James L. NIELSEN, Plaintiff-Appellant, v. AMERICAN HONDA MOTOR CO., INC. and Klein Honda, Defendants-Appellees, and Jeffrey M. Gage, John Does 1-5, Jane Does 1-5, Doe Corporations 1-5, Doe Partnerships 1-5, Non-Profit Organizations 1-5, and Doe Governmental Agencies 1-5, Defendants.

Intermediate Court of Appeals of Hawai`i.

Certiorari Dismissed December 10, 1999.

Attorney(s) appearing for the Case

Scot S. Brower, Honolulu, on the briefs, for plaintiff-appellant.

Kenneth K. Fukunaga and Lois H. Yamaguchi (Fukunaga Matayoshi Hershey & Ching), Honolulu, on the briefs, for defendants-appellees.

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

Opinion of the Court by ACOBA, J.

We hold that Defendants-Appellees American Honda Motor Co., Inc. (Honda) and Klein Honda (Klein), admitted sales distributors of a 1993 vehicle, were not entitled to summary judgment because they failed to prove that the air bag system in the vehicle properly operated under the facts of the accident involved, viewing such facts in a light most favorable to the non-moving party. We further hold that, on the other hand, Plaintiff-Appellant...

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