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WEMPLE EX REL. DANG v. DAHMAN

No. 21497.

72 P.3d 499 (2002)

102 Hawai`i 27

Jade WEMPLE, a minor, by her Next Friend, Charles H.Y. DANG, Plaintiff-Appellant/Cross-Appellee, and Dawn Wemple, Plaintiff-Appellee/Cross-Appellee, v. Dean A. DAHMAN, Association of Apartment Owners of Summer Villa, Fidelity Management, Inc., Defendants-Appellees/Cross-Appellees, and Richard T. Yoshida and May H. Yoshida, Defendants-Appellees/Cross-Appellants, and John Does 2-10, Doe Corporations 2-10, Doe Partnerships 1-10, Doe Governmental Entities 1-10, and Doe Unincorporated Associations 1-10, Defendants; and Association of Apartment Owners of Summer Villa and Fidelity Management, Inc., Third-Party Plaintiffs-Appellees/Cross-Appellees, v. Kim Mau, Gordon F. Liu and Annette K. Liu, individually and as Trustees of the Gordon F. Liu and Annette K. Liu Trust dated June 10, 1992, Hideo Yokota and Kiyoko Yokota, Third-Party Defendants-Appellees/Cross-Appellees.

Intermediate Court of Appeals of Hawai`i.

As Amended June 10, 2002.

Certiorari Granted July 11, 2002.

Attorney(s) appearing for the Case

James J. Bickerton, Honolulu, Bickerton, Saunders Dang & Bouslog, for Jade (William W. Saunders, Jr. and Alan B. Burdick, Honolulu, with him on the briefs).

John T. Komeiji, Honolulu, Watanabe, Ing & Kawashima, for SV Defendants (Patsy H. Kirio, Honolulu, with him on the brief).

Christopher J. Cole, Honolulu, McCorriston, Miho Miller Mukai, for Non-SV Property Owners the Yoshidas (Richard B. Miller and Lisa M. Ginoza, Honolulu, with him on the briefs).

Brenda Morris Hoernig, Honolulu, Law Office of Dean E. Ochiai, for Non-SV Property Owners Mau and the Lius (Dean E. Ochiai, Leslie R. Kop, and Shannon L. Wack, Honolulu, with her on the brief).

Michael N. Tanoue, Honolulu, Matsumoto, LaFountaine & Chow, for Non-SV Property Owners the Yokotas (Ralph R. LaFountaine, Honolulu, with him on the brief).

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

Opinion of the Court by WATANABE, J.

This negligence case arises from an October 23, 1991 accident in which Plaintiff Appellant/Cross-Appellee Jade Wemple (Jade), then seven years old, emerged suddenly from behind a van parked on a privately owned road (also referred to as "the road") that ran in front of the Summer Villa condominium (the SV), where she was temporarily residing with her grandmother, and was struck and seriously injured by a pick-up truck driven by...

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