KAHO`OHANOHANO v. DHS, STATE

No. 28324.

178 P.3d 538 (2008)

George KAHO`OHANOHANO, as Next Friend of Dasia Marie Morales-Kaho`Ohanohano, a minor; Jarrett K. Kaho`Ohanohano, Individually, Plaintiffs-Appellees, v. DEPARTMENT OF HUMAN SERVICES, STATE OF HAWAII, Defendant/Third-Party Plaintiff/Third-Party Counterclaim Defendant/Counterclaim Defendant/Cross-claim Plaintiff-Appellant, Denise Morales, Defendant/Third-Party Defendant/Cross-claim Defendant/Third-Party Cross-claim Defendant-Appellee, Darryl Ramos, Defendant/Third-Party Defendant/Cross-claim Defendant/Third-Party Cross-claim Defendant-Appellee, John Does 1-50; Jane Does 1-50; Doe Partnerships 1-50; Doe Corporations 1-50; and Doe Governmental Entities 1-50, Defendants. George Kaho`Ohanohano, Next Friend of Dasia Marie Morales-Kaho`Ohanohano (minor) and Jarrett Kaho`Ohanohano, Plaintiffs, v. Susan Drelich, M.D., Defendant/Cross-claim Plaintiff/Cross-claim Defendant, Billie F. Strother, M.D., aka Billie Strother-Sowers, M.D., Defendant/Cross-claim Defendant/Cross-claim Plaintiff, Amanda D. Tucker, M.D., aka Amanda D. Tuckermeuse, M.D., Defendant/Cross-claim Defendant, Hawai`i Health Systems Corporation dba Maui Memorial Medical Center, Defendant/Cross-claim Defendant/Cross-claim Plaintiff, Mitchell N. Tasaki, M.D.; and Mitchell N. Tasaki M.D., INC., Defendants/Cross-claim Defendants, John Does 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Corporations 1-10; Doe "Non-Profit" organizations 1-10; and Roe Governmental Entities 1-10, Defendants.

Supreme Court of Hawai`i.

March 20, 2008.


Attorney(s) appearing for the Case

Kimberly Tsumoto Guidry (Dorothy Sellers, with her on the brief, and Girard Lau), Deputy Attorneys General, for defendantsappellants Department of Human Services, State of Hawai`i.

Vladimir Devens (Andrew S. Winer and William Meheula, with him on the brief, of Winer Meheula & Devens), Honolulu, for plaintiffs-appellees.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ.; LEVINSON, J., and ACOBA, J., concurring separately.


Opinion of the Court by MOON, C.J.

Following a sixteen-day bench trial, defendants-appellants Department of Human Services (DHS) and State of Hawai`i (State) [hereinafter, collectively, DHS or the State] appeal from the Circuit Court of the Second Circuit's1 January 22, 2007 second amended judgment, entered in favor of plaintiffs-appellees George Kaho`ohanohano (George), as next friend of his minor granddaughter, Dasia Marie Morales-Kaho...

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