FRENCH v. HAWAII PIZZA HUT, INC.

No. 23985.

99 P.3d 1046 (2004)

105 Haw. 462

Bobbie L. FRENCH, Plaintiff-Appellant, v. HAWAII PIZZA HUT, INC., Defendant-Appellee.

Supreme Court of Hawai`i.

Reconsideration Denied November 5, 2004.


Attorney(s) appearing for the Case

Kirk H. Cashmere, on the briefs, for plaintiff-appellant.

John L. Knorek and Karen R. Tashima (Torkildson, Katz, Fonseca, Jaffe, Moore & Hetherington), on the briefs, Honolulu, for defendant-appellee.

LEVINSON, ACOBA, and DUFFY, JJ.; with MOON, C.J., concurring separately and dissenting; and NAKAYAMA, J., dissenting.


Opinion of the court by ACOBA, J.

We hold that the record in this case on the issue of whether a lifting restriction substantially restricts a major life activity for purposes of determining a disability pursuant to Hawai`i Revised Statutes (HRS) § 378-1 (1993) was inappropriate for summary judgment. Determination of this issue requires an individualized inquiry. Because, contrary to this precept the circuit court of...

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