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KANAHELE v. HAN

No. SCWC-29800.

263 P.3d 726 (2011)

125 Haw. 446

Gregory KANAHELE, Sr., Individually and as Next Friend of Gregory Kanahele, Jr., a minor, and Trishalynn Kanahele, a minor, Petitioners/Plaintiffs-Appellees/Cross-Appellants v. James HAN, Respondent/Defendant-Appellant/Cross-Appellee.

Supreme Court of Hawai`i.

October 12, 2011.

Attorney(s) appearing for the Case

Richard Turbin , ( Rai Saint Chu and Janice D. Heidt with him on the application and briefs) (Turbin Chu, a Law Corporation), for petitioners/plaintiffs-appellees/cross-appellants.

James T. Wong , for respondent/defendant-appellant/cross-appellee.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, DUFFY, and McKENNA, JJ.

Opinion of the Court by ACOBA, J.

We hold that in a personal injury case (1) when a jury awards special damages but returns a zero general damages award for pain and suffering, it is not an abuse of discretion for the court to instruct the jury that the verdict is inconsistent, and to direct the jury to continue deliberations on the amount of general damages to be awarded; (2) when, after resubmittal to the jury in such a case, the jury returns a general damages award...

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