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O'GRADY v. STATE

SCAP-14-0001363.

398 P.3d 625 (2017)

Michael Patrick O'GRADY, individually; and Leiloni O'Grady, individually, Plaintiffs-Appellants, v. STATE of Hawai`i and State of Hawai`i Department of Transportation, Defendants-Appellees, and The County of Hawai`i; Hawaiian Electric Company; Hawaiian Electric Light Company; Hawaiian Electric Industries, Inc.; Hulu Lolo, Inc.; and Does 1-100, inclusive, Defendants.

Supreme Court of Hawai`i.

As Amended June 22, 2017.

Attorney(s) appearing for the Case

Ronald G. Self and Rebecca A. Copeland for appellants.

Caron M. Inagaki , Randolph R. Slaton , Henry S. Kim , and Robin M. Kishi , Honolulu, for appellees State of Hawai`i and State of Hawai`i Department of Transportation.

RECKTENWALD, C.J., McKENNA, POLLACK, AND WILSON, JJ., AND CIRCUIT COURT JUDGE CRABTREE, IN PLACE OF NAKAYAMA, J., RECUSED.

This case concerns a negligence action against the State of Hawai`i and the State of Hawai`i Department of Transportation (collectively, the "State") involving a rockfall and related car accident on a state highway. The Circuit Court of the Third Circuit (the "circuit court") determined that, although the State...

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