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PULAWA v. GTE HAWAIIAN TEL

No. 26715.

143 P.3d 1205 (2006)

Benjamin N. PULAWA, III; Danelle L. Pulawa, individually and as Prochein Ami of Darcie L. Pulawa, and Benjamin N. Pulawa, IV, minor children, v. GTE HAWAIIAN TEL; E.E. Black, Defendants and Third-Party Plaintiffs-Appellees, and Universal Electric, Ltd., fka Occ-Electrical, Ltd., Third-Party Defendants-Appellees, and John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, Doe Partnerships 1-10, Doe Governmental Entities 1-10, and Doe Non-Profit Entities 1-10, Defendants.

Supreme Court of Hawai`i.

September 14, 2006.

Attorney(s) appearing for the Case

Kenneth T. Okamoto and John D. Zalewski, Honolulu (of Price Okamoto Himeno & Lum), and Dan S. Ikehara (of the Law Offices of Dan S. Ikehara), on the briefs, for plaintiffs-appellants.

Jeffrey H.K. Sia, Diane W. Wong, J. Thomas Weber, and Ronald M. Shigekane (of Ayabe Chong, Nishimoto, Sia & Nakamura), on the briefs, Honolulu, for defendants and third-party plaintiffs-appellee GTE Hawaiian Tel and E.E. Black.

Keith K. Hiraoka and April Luria (of Roeca, Louie & Hiraoka), on the record, Honolulu, for third-party defendant-appellee Universal Electric, Ltd.

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

Opinion of the Court by MOON, C.J.

Plaintiffs-appellants Benjamin Pulawa, III (Pulawa) and Danelle Pulawa, individually and as Prochein Ami for Darcie Pulawa and Benjamin Pulawa, IV [hereinafter, collectively, the plaintiffs or the Pulawas],1 initiated the instant action for negligence arising out of an incident in which Pulawa, a construction superintendent, was seriously injured as a result of being struck in the head by a hardened bag...

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