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WINFREY v. GGP ALA MOANA LLC

No. SCWC-30589.

308 P.3d 891 (2013)

130 Haw. 262

Heather R. WINFREY, Individually and as Personal Representative for the Estate of Jasmine Rose Anne Fry, and Samuel J. Fry, Jr., Petitioners/Plaintiffs-Appellants, v. GGP ALA MOANA LLC dba Ala Moana Center, Respondent/Defendant-Appellee.

Supreme Court of Hawai`i.

July 18, 2013.

Attorney(s) appearing for the Case

Michael J. Green , Glenn H. Uesugi , and Myles S. Breiner , Honolulu, for petitioner.

Patricia M. Napier , Thomas Benedict , and Kimberly A. Vossman , Honolulu, for respondent.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ., and Circuit Judge TRADER, Assigned by Reason of Vacancy; With ACOBA, J., Concurring and Dissenting Separately.

Opinion of the Court by McKENNA, J.

I. Introduction

Jasmine Rose Anne Fry ("Fry") somehow accessed the rooftop of Ala Moana Center ("Center"), entered into and became trapped in an exhaust duct above the Makai Market Food Court ("Food Court"), then died from hyperthermia and respiratory compromise. Her parents, Heather R. Winfrey and Samuel J. Fry, Jr. (collectively, "Plaintiffs"), sued GGP Ala Moana LLC dba Ala Moana Center ("Ala Moana"). Before a trial...

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