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ABAYA v. MANTELL

No. 27195.

145 P.3d 719 (2006)

Jocelyn ABAYA, Individually and as Next Friend of William Pineda-Abaya, Czarina Pineda-Abaya, and Phoebe Pineda-Abaya, and as Special Administrator of the Estate of Willis Abaya, Plaintiffs-Appellees, v. Richard MANTELL aka Richard Mandell and Team Health West, Defendants-Appellees, American Classic Voyages, Co., Party in Interest-Appellant.

Supreme Court of Hawai`i.

Reconsideration Denied November 13, 2006.

Attorney(s) appearing for the Case

Normand R. Lezy (of Leong Kunihiro Leong & Lezy), on the briefs, Honolulu, for party in interest-appellant American Classic Voyages Co.

R. Patrick Jaress, on the briefs, Honolulu, for plaintiffs-appellees.

Elton John Bain and E. Mason Martin, III (of Kessner Duca Umebayashi Bain & Matsunaga), on the briefs, Honolulu, for defendants-appellees.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ.; and Circuit Judge AHN, in place of ACOBA, J., Recused.

Opinion of the Court by MOON, C.J.

The instant appeal arises out of a determination by the Circuit Court of the First Circuit1 that a settlement agreement between plaintiffs-appellees Jocelyn Abaya, individually and as next friend of William Pineda-Abaya, Czarina Pineda-Abaya, and Phoebe Pineda-Abaya, and as special administrator of the Estate of Willis Abaya [hereinafter, collectively, the plaintiffs]2 and...

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