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KAHALE v. CITY AND COUNTY OF HONOLULU

No. 23934.

90 P.3d 233 (2004)

104 Hawai'i 341

Francis KAHALE, Jr. and Rachael Kahale, Individually and as next friend of Brandzie Kahale, a Minor, Plaintiffs-Appellants, v. CITY AND COUNTY OF HONOLULU, Defendant-Appellee and Doe Defendants 1-25, Defendants and City and County of Honolulu, Third-Party Plaintiff-Appellee v. Alfred Alameda, Third-Party Defendant-Appellee.

Supreme Court of Hawai'i.

May 12, 2004.

Attorney(s) appearing for the Case

David J. Gierlach and Christopher A. Dias, Honolulu, on the briefs, for the plaintiffs-appellants Francis Kahale, Jr. and Rachael Kahale.

James C. Butt, Deputy Corporation Counsel and Paul S. Kawai, Deputy Corporation Counsel, on the briefs, for the defendant-appellee City and County of Honolulu.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ., with ACOBA, J., concurring separately and dissenting, and with whom Circuit Judge CHAN, assigned by reason of vacancy, joins.

Opinion of the Court by LEVINSON, J.

The plaintiffs-appellants Francis Kahale, Jr. (Francis), individually, and Rachael Kahale (Rachael), individually and as next friend of Brandzie Kahale (Brandzie), a minor [collectively, the "Plaintiffs"], appeal from (1) the September 29, 2000 order of the first circuit court, the Honorable Sabrina S. McKenna presiding, granting the motion of the defendant-appellee City and County of Honolulu (the "City") for summary judgment...

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