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WHITE v. SABATINO

Civ. Nos. 04-00500 ACK/LEK, 05-00025 ACK/LEK.

488 F.Supp.2d 1062 (2006)

Sarah C. WHITE, Individually and as Special Administrator of The Estate of Stefan Bournakel, Deceased, and as Next Friend of Nicos Robert Bournakel, a minor, Plaintiffs, v. Carol Ann SABATINO, Bob's Maui Dive Shop, Inc. dba Maui Dive Shop, a Hawaii Corporation; 3090 Incorporated, a Hawaii Corporation; Ronald E. Wallach; John Does 1-20; Jane Does 1-20; Doe Corporations 1-20; Doe Partnerships 1-20; Doe Associates 1-20; Doe Governmental Agencies 1-20; and other Entities 1-20, In Personam, and M/V Alii Nui O.N. 567359, In rem, Defendants. Ronald E. Wallach, Cross-Claimant, v. Carol Ann Sabatino, Bob's Maui Dive Shop, Inc. dba Maui Dive Shop, a Hawaii Corporation; and 3090 Incorporated, a Hawaii Corporation, Cross-Defendants. In the Matter of the Complaint of 3090, Incorporated, a Hawaii Corporation as owners of the M/V Alii Nui O.N. 567359, for Exoneration from and/or Limitation of Liability.

United States District Court, D. Hawai`i.

July 31, 2006.

Attorney(s) appearing for the Case

David A. Gruebner, Jeffrey H.K. Sia, Ayabe Chong Nishimoto Sia & Nakamura, Honolulu, HI, Michele N. Bass, Lesser & Associates, Redondo Beach, CA, Brianne L. Ornellas, New Attorney, Jacqueline E. Thurston, Terrance Matthew Revere, Motooka Yamamoto & Revere LLLC, Honolulu, HI, for Defendant/Cross Defendant/Cross Claimant.

Jeana Sciarappa Schott, Richard A. Lesser, Steven M. Mcguire, Lesser & Associates PLC, Redondo Beach, CA, for Cross Defendant.

Jason P. Healey, Motooka Yamamoto & Revere LLLC, Honolulu, HI, for Cross Claimant.

ORDER GRANTING DEFENDANT RONALD E. WALLACH'S SECOND MOTION FOR SUMMARY JUDGMENT

KAY, Senior District Judge.

BACKGROUND

This case arises out of the tragic automobile accident that occurred on February 13, 2004 between motorists Carol Ann Sabatino ("Sabatino") and Stefan Bournakel ("Bournakel"). Bournakel suffered traumatic injuries and died as a result of the accident. Sabatino was intoxicated at the time of the accident...

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