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OAHU TRANSIT SERVICES v. NORTHFIELD INS.

No. 25704.

112 P.3d 717 (2005)

OAHU TRANSIT SERVICES, INC., Plaintiff-Appellant/Appellee, v. NORTHFIELD INSURANCE COMPANY, Defendant-Appellee/Appellee, and Aloha State Cab, Inc., John Does 1-5, John Doe Corporations 1-5, John Doe Partnerships 1-5, Roe Non-Profit Corporations 1-5 and Roe Governmental Agencies 1-5, Defendants. Northfield Insurance Company, Third-Party Plaintiff-Appellee/Appellee, v. City and County of Honolulu, Third-Party Defendant-Appellee/Appellant.

Supreme Court of Hawaii.

May 31, 2005.

Attorney(s) appearing for the Case

Wesley H.H. Ching and Sheree Kon-Herrera (of Fukunaga Matayoshi Hershey & Ching, LLP), Honolulu, on the briefs, for plaintiff-appellant/appellee Oahu Transit Services, Inc.

Kevin P.H. Sumida (of Matsui Chung Sumida & Tsuchiyama), Honolulu, on the briefs, for third-party defendant-appellee/appellant City and County of Honolulu.

Gregory K. Markham, Keith K. Kato, and Jeffrey S. Masatsugu (of Chee & Markham), Honolulu, on the briefs, for defendant-appellee/appellee Northfield Insurance Company.

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

Opinion of the Court by DUFFY, J.

Plaintiff-appellant Oahu Transit Services, Inc. (OTS) and third-party defendant-appellant City and County of Honolulu [hereinafter, "the City"] appeal from the Circuit Court of the First Circuit's March 18, 2003 first amended judgment.1 As points of error, OTS and the City contend that the circuit court erred in issuing its March 28, 2002 order granting summary judgment in favor of defendant-appellee/third...

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