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KUAHIWINUI v. ZELO'S INC.

SCWC-13-0001803.

453 P.3d 254 (2019)

Bernadine KUAHIWINUI, Individually and as Personal Representative of the Estate of Kristerpher Kaupu-Kuahiwinui, deceased; and Kenneth Kaupu, Respondents/Plaintiffs-Appellants, v. ZELO'S INC., dba Sushi & Blues, Petitioner/Defendant-Appellee, and Tahiti Nui Enterprises, Inc., dba Tahiti Nui, and State of Hawai`i, Respondents/Defendants-Appellees. (5CC08000067). Zelo's Inc., dba Sushi & Blues, Petitioner/Third-Party Plaintiff, v. Solomon Makua Kuahiwinui, Respondent/Third-Party Defendant. (5CC08000067). State of Hawai`i, Respondent/Third-Party Plaintiff, v. Solomon Kuahiwinui and Christopher Ferguson, Respondents/Third-Party Defendants. (5CC08000067). 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, Respondent/Plaintiff, v. Zelo's Inc., dba Sushi & Blues, Petitioner/Defendant, and Solomon Makua Kuahiwinui; James B. Edmonds; Tahiti Nui Enterprises, Inc., dba Tahiti Nui; State of Hawai`i; and the County of Kauai, Respondents/Defendants. (5CC08000069).

Supreme Court of Hawai`i.

November 21, 2019.

Attorney(s) appearing for the Case

Michelle-Lynn E. Luke , for Petitioner.

Stephen M. Tannenbaum , ( James J. Bickerton , Nathan P. Roehrig on the brief), Honolulu, for Respondents Bernadine Kuahiwinui and Kenneth Kaupu.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.

Under Hawai`i's liquor control statute, Hawai`i Revised Statutes ("HRS") § 281-78 (Supp. 1996), liquor licensees have a duty to refrain from serving alcohol to patrons that they know, or have reason to know, are under the influence of intoxicating liquor. Ono v. Applegate, 62 Haw. 131...

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