KUAHIWINUI v. ZELO'S INC.

No. CAAP-13-0001803.

409 P.3d 772 (2017)

Bernadine KUAHIWINUI, Individually and as Personal Representative of the Estate of Kristerpher Kaupu-Kuahiwinui, deceased; and Kenneth Kaupu, Plaintiffs-Appellants, v. ZELO'S INC., dba Sushi & Blues; Tahiti Nui Enterprises, Inc., dba Tahiti Nui; and State of Hawai`i, Defendants-Appellees, and John Does 1-10; Jane Does 1-10; Doe Corporations 1-10; Doe Business Entities 1-10; Doe Governmental Entities 1-10; and Doe Unincorporated Associations 1-10, Defendants. Zelo's Inc., dba Sushi & Blues, Third-Party Plaintiff, v. Solomon Makua Kuahiwinui, Third-Party Defendant. State of Hawai`i, Third-Party, Plaintiff, v. Solomon Kuahiwinui and Christopher Ferguson, Third-Party Defendants. Sheryl Ann Ackerman, Individually; Sheryl Ann Ackerman, as Mother of, Natural Guardian and Next Friend for Britney Ann Hardsky, Minor; and Sheryl Ann Ackerman, as Personal Representative of the Estate of Christopher Cole Ferguson, deceased, Plaintiffs, v. Solomon Makua Kuahiwinui; James B. Edmonds; Tahiti Nui Enterprises, Inc., dba Tahiti Nui; Zelo's Inc., dba Sushi & Blues; State of Hawai`i; the County of Kauai, Defendants, and John Does 1-10; Jane Does 1-10; Doe Corporations 1-10; Doe Partnerships 1-10, Doe Non-Profit Entities 1-10; and Doe Governmental Entities 1-10, Defendants.

Intermediate Court of Appeals of Hawai`i.

AS AMENDED January 30, 2018.


Attorney(s) appearing for the Case

On the briefs:

James J. Brikerton , Nathan P. Roehrig , Honolulu, (Bickerton Lee Dang & Sullivan) for Plaintiffs-Appellants.

Michele-Lynn E. Luke , Honolulu, (Kessner Umebayashi Bain & Matsunaga) for Defendant-Appellee, Zelo's, Inc. dba Sushi & Blues.

NAKAMURA, CHIEF JUDGE, AND LEONARD AND REIFURTH, JJ.


The Hawai`i Supreme Court has established a "common law dram shop negligence [cause of] action" (dram shop cause of action) against liquor licensees based on requirements imposed by Hawai`i's liquor control law. Ono v. Applegate, 62 Haw. 131, 137, 612 P.2d 533...

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