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COSTALES v. ROSETE

No. SCWC-30683.

324 P.3d 934 (2014)

133 Haw. 124

Stacey COSTALES, Respondent/Plaintiff-Appellant/Cross-Appellee, v. Scott ROSETE, in his official and individual capacity, Petitioner/Defendant-Appellee/Cross-Appellant, and Melvin Ando, in his official and individual capacity; Glenn Yoshimoto, in his official and individual capacity; State of Hawai`i; Department of Human Services; Office of Youth Services, Petitioners/Defendants-Appellees/Cross-Appellants, and John Does 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Corporations 1-10; and Doe Entities 1-10, Defendants.

Supreme Court of Hawai`i.

As Amended March 17, 2014.

Attorney(s) appearing for the Case

C. Bryan Fitzgerald and Deborah Day Emerson , Honolulu, for petitioner.

Sue V. Hansen , Honolulu, and Charles W. Crumpton , for respondent.

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

Opinion of the Court by McKENNA, J.

I. Introduction

In this appeal, a youth correctional officer ("YCO") found liable for sexual assault against a ward seeks review of the ICA's Judgment on Appeal, entered pursuant to its Memorandum Opinion, which remanded this case for a new trial limited to the issue of allocation of fault and damages, due to an irreconcilable conflict in the jury's special verdict answers. Costales v. Rosete, No. 30683, 2012 WL...

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