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HAOLE v. STATE

No. 27010.

140 P.3d 377 (2006)

111 Hawai`i 144

William HAOLE, IV, Plaintiff-Appellee, v. STATE of Hawai`i, Defendant-Appellee, and Matson Terminals, Inc., Defendant-Appellant, and John Does 1-20, Defendants. State of Hawai`i, Third-Party Plaintiff-Appellee, v. Eric Rapoza and McCabe Hamilton & Renny Co., Ltd., Third-Party Defendants-Appellants.

Supreme Court of Hawai`i.

August 7, 2006.

Attorney(s) appearing for the Case

John R. Lacy and Randolf L.M. Baldemor (of Goodsill Anderson Quinn & Stifel), Honolulu, on the briefs, for defendant-appellant Matson Terminals, Inc.

John S. Nishimoto, Diane W. Wong, and Zale T. Okazaki (of Ayabe Chong Nishimoto Sia & Nakamura), Honolulu, on the briefs, for third-party defendants-appellants Eric Rapoza and McCabe Hamilton & Renny Co., Ltd.

Richard K. Griffith, on the briefs, for plaintiff-appellee.

Deirdre Marie-Iha and Dorothy D. Sellers, Deputy Attorneys General, on the briefs, for defendant-appellee State of Hawai`i.

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

Opinion of the Court by MOON, C.J.

The dispute in the instant appeal centers around the validity and enforceability of Hawai`i Administrative Rule (HAR) § 19-41-7 (2005), quoted infra, that imposes a duty upon, inter alia, owners and operators conducting unloading activities on state piers to defend and indemnify the State of Hawai`i (the State) against any and all claims arising from such activities, except where the State is proven to be solely...

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