HAWAII HOME INFUSION ASSOCIATES v. BEFITEL

No. 27256.

157 P.3d 526 (2007)

HAWAII HOME INFUSION ASSOCIATES, Plaintiff-Appellant, v. Nelson B. BEFITEL, Director, Department of Labor and Industrial Relations, State of Hawai`i; Kuhio Motors, Inc.; Adjusting Services of Hawaii, Inc.; and Majestic Insurance Company, Defendants-Appellees, and Edward Shepherd, Defendant.

Supreme Court of Hawai`i.

April 16, 2007.


Attorney(s) appearing for the Case

Frank Yap, Jr., Honolulu, and Arleen D. Jouxson, Wahiawa, and Rafael G. Del Castillo of Jouxson-Meyers & Del Castillo, on the briefs, for the plaintiff-appellant Hawaii Home Infusion Associates.

Staci I. Teruya and Frances E.H. Lum, Deputy Attorneys General, on the briefs, for the defendant-appellee Nelson B. Befitel, Director of the Department of Labor and Industrial Relations, State of Hawai`i.

Sidney J.Y. Wong and Darlene Y.F. Itomura, of Wong & Oshima, on the briefs, Honolulu, for the defendants-appellees Kuhio Motors, Inc., Adjusting Services of Hawaii, Inc., and Majestic Insurance Company.

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


Opinion of the Court by LEVINSON, J.

The plaintiff-appellant Hawaii Home Infusion Associates (HHIA) appeals from the first circuit court's March 28, 2005 judgment, the Honorable Karen S.S. Ahn presiding,1 awarding summary judgment in favor of the defendants-appellees Nelson B. Befitel, director of the State of Hawaii's Department of Labor and Industrial Relations (DLIR) [hereinafter, "the director"], Kuhio Motors, Inc. (KM), Adjusting...

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