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THOMPSON v. KYO-YA CO., LTD.

No. 26040.

146 P.3d 1049 (2006)

Letizia THOMPSON, Plaintiff-Appellant, v. KYO-YA COMPANY, LTD., dba Sheraton-Maui Hotel, Defendant-Appellee, and John Does 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Non-Profit Entities 1-10; and Doe Governmental Entities 1-10, Defendants.

Supreme Court of Hawaii.

As Amended November 20, 2006.

Attorney(s) appearing for the Case

Ian L. Mattoch and Daniel P. Kirley of the Law Offices of Ian L. Mattoch, on the briefs, for the plaintiff-appellant, Letizia Thompson.

Brenda Morris Hoernig of the Law Offices of Dean E. Ochiai, on the briefs, for the defendant-appellee, Kyo-Ya Company, Ltd. dba Sheraton-Maui Hotel.

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

Opinion of the Court by LEVINSON, J.

The plaintiff-appellant Letizia Thompson appeals from the August 18, 2003 judgment of the circuit court of the second circuit, the Honorable Shackley F. Raffetto presiding, in favor of the defendant-appellee Kyo-Ya Company, Ltd. dba Sheraton-Maui Hotel (hereinafter, "the Sheraton") and against Thompson.

On appeal, Thompson essentially argues that the circuit court erred in concluding that the Hawai`i Recreational Use Statute...

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