QUERUBIN v. THRONAS

No. 24086.

109 P.3d 689 (2005)

107 Hawai`i 48

Benjamin QUERUBIN; Carolyn Taketa, as Special Administrator of the Estate of Juanita Querubin, deceased, Plaintiffs-Appellants, v. OLAF THRONAS, Defendant-Appellee, and Charles K. Lee; John Does 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Corporations 1-10; Roe Corporations 1-10; Roe "Non-Profit" Corporations 1-10; and Roe Governmental Entities 1-10; Defendants; Olaf Thronas, Defendant/Cross-Plaintiff, v. Charles K. Lee, Defendant/Cross-Defendant, Olaf Thronas, Defendant/Counter-Plaintiff, v. Benjamin Querubin, Plaintiff/Counter-Defendant. Carolyn Taketa, as Special Administrator of the Estate of Juanita Querubin, deceased, Plaintiff/Cross-claim Plaintiff, v. Benjamin Querubin, Plaintiff/Cross-claim Defendant. Olaf Thronas, Third-Party Plaintiff, v. The County of Kaua'i, a political subdivision of the State of Hawai'i, John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, Doe Partnerships 1-10, and Doe Entities 1-10, Third-party Defendants.

Supreme Court of Hawai`i.

March 31, 2005.


Attorney(s) appearing for the Case

Rick J. Eichor, of Price, Okamoto, Himeno & Lum, Honolulu, Ryan E. Jimenez, Kapaa, on the briefs, for plaintiffs-appellants Benjamin Querubin; Carolyn Taketa, as Special Administrator of the Estate of Juanita Querubin.

Warren C.R. Perry, Lihue, on the briefs, for defendant-appellee Olaf Thronas.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ., and ACOBA, J., Dissenting.


Opinion of the Court by LEVINSON, J.

The plaintiffs-appellants Benjamin Querubin [hereinafter, "Benjamin"] and Carolyn Taketa, as Special Administrator of the Estate of Juanita Querubin [hereinafter, "Juanita"] [collectively hereinafter, "the Appellants"], appeal from the February 7, 2001 final judgment of the circuit court of the fifth circuit, the Honorable George M. Masuoka presiding, alleging that the circuit court erroneously entered the February 25, 2000 order...

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