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RALSTON v. YIM

No. SCWC-30082.

292 P.3d 1276 (2013)

129 Haw. 46

Rick RALSTON, Respondent/Plaintiff-Appellant, v. Errol Y.W. YIM, D.D.S., Petitioner/Defendant-Appellee.

Supreme Court of Hawai`i.

January 25, 2013.

Attorney(s) appearing for the Case

John Reyes-Burke , for petitioner.

Sue V. Hansen , for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, and McKENNA, JJ., and Circuit Judge AHN, in Place of POLLACK, J., Recused.

Opinion of the Court by RECKTENWALD, C.J.

This appeal requires us to consider the evidentiary burden that must be satisfied before summary judgment can be granted. Plaintiff Rick Ralston sued his dentist, Dr. Errol Y.W. Yim, claiming that Dr. Yim had negligently provided him with orthodontic care to correct overcrowding in his lower front teeth.

Dr. Yim moved for summary judgment. At the first hearing on the motion, the circuit court sua sponte ordered a continuance...

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