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OMORI v. JOWA HAWAI`I CO., LTD.

No. 21007.

981 P.2d 714 (1999)

91 Hawai`i 157

Kathleen M. OMORI, individually and as Next Friend of Matthew W. Omori, a minor, Plaintiff-Appellant, v. JOWA HAWAI`I CO., LTD., dba The Ilikai, Defendant-Appellee, and Doe Defendants 1-20, Defendants.

Intermediate Court of Appeals of Hawai`i.

Certiorari Granted May 10, 1999.

Attorney(s) appearing for the Case

Stephen K. Yamada, Honolulu; David C. Schutter and Mitchell S. Wong (David C. Schutter & Associates, of counsel), Honolulu, on the brief, for plaintiff-appellant.

Arthur F. Roeca, James S. Kawashima (Roeca, Louie & Hiraoka, of counsel) Honolulu, on the brief, for defendant-appellee.

BURNS, C.J., WATANABE, J., and Circuit Judge KOCHI in place of ACOBA, J., RECUSED.

Opinion of the Court by WATANABE, J.

The dispositive issue in this case of first impression is whether Hawai`i Revised Statutes (HRS) § 386-5 (1993), the exclusive remedy provision of the Hawai`i Workers' Compensation Law, bars a child from bringing a tort action against his mother's employer for in utero injuries he personally sustained, allegedly as a result of a work-related accident involving his mother. We conclude, based on our construction of HRS...

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