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BACERRA v. MacMILLAN

No. 26377.

138 P.3d 749 (2006)

Noly BACERRA and Nely Bacerra, Individually, and Sean bacerra, a minor, through Nely Bacerra, his mother and next friend, Plaintiffs-Appellees, v. James B. MacMILLAN, III, M.D., the Queen's Medical Center, Defendants-Appellees, and Doe Defendants 1-100, Defendants. AFL Hotel & Restaurant Workers Health & Welfare Trust Fund, by its Trustees, Lienor-Appellant. State of Hawai`i, Department of Human Services, Intervenor-Appellee.

Supreme Court of Hawai`i.

June 30, 2006.

Attorney(s) appearing for the Case

Derek R. Kobayashi and Regan M. Iwao (of Goodsill Anderson Quinn & Stifel), Honolulu, on the briefs, for lienor-appellant.

James T. Leavitt, Jr. and John D. Yamane, Honolulu, on the briefs, for plaintiffs-appellees Noly and Nely Bacerra, Individually.

Charles J. Ferrera, Honolulu, on the briefs, for plaintiff-appellee Sean Bacerra, a minor, through Nely Bacerra, his mother and next friend.

Michael S. Vincent and Cora K. Lum, Deputy Attorneys General, on the briefs, for intervenor-appellee.

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

Opinion of the Court by MOON, C.J.

Lienor-appellant AFL Hotel & Restaurant Workers Health & Welfare Trust Fund, by its trustees [hereinafter, the Trust Fund], appeals from the January 5, 2004 order of the Circuit Court of the First Circuit, the Honorable Eden Elizabeth Hifo presiding, dismissing its "Notice of Lien" filed September 12, 2003 in an underlying medical malpractice action (the instant case) brought by plaintiffs-appellees Noly Bacerra (Mr. Bacerra...

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