RAPOZO v. BETTER HEARING OF HAWAII, LLC

No. 27602.

199 P.3d 72 (2008)

Mervyn RAPOZO, Petitioner/Plaintiff-Appellee v. BETTER HEARING OF HAWAII, LLC, Respondent/Defendant-Appellant.

Supreme Court of Hawai`i.

As Amended on Reconsideration January 14, 2009.


Attorney(s) appearing for the Case

Joe P. Moss for petitioner/plaintiff-appellee.

Michele-Lynn E. Luke (Kessner Umebayashi Bain & Matsunaga), Honolulu, for respondent/defendant-appellee.

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


Opinion of the Court by ACOBA, J.

We hold that the Intermediate Court of Appeals (ICA) erred in concluding that the findings of fact (findings) of the district court of the fifth circuit (the court) to the effect that (1) hearing aids purchased by Petitioner/Plaintiff-Appellee Mervyn Rapozo (Petitioner) were "nonconforming" under Hawai`i Revised Statutes (HRS) § 481K-1 (Supp. 2007) of HRS chapter 481K, the Assistive Technology Warranty Act (the Act) and that...

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