FRANKS v. HOLLOWAY

NO. CAAP-18-0000427.

540 P.3d 960 (2023)

153 Hawai'i 419

Shelby Rho FRANKS; James Paul Franks; and Brandy Lea Franks, Plaintiffs-Appellants, v. Destini HOLLOWAY, Defendant/Cross-Claim Plaintiff/Cross-Claim Defendant-Appellee, and Paul Jason Spaulding, Defendant/Cross-Claim Defendant/Cross-Claim Plaintiff/Cross-Claim Plaintiff-Appellee, and Jayne R. Naganuma; Krystyn Cendrowski; Kala Singson, Defendants/Cross-Claim Defendants-Appellees, and John Does 1-10; Jane Does 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Roe "Non-profit" Corporations 1-10; and Roe Governmental Entities 1-10, Defendants, and Paul Jason Spaulding, Third-Party Plaintiff-Appellee, v. VCA Animal Hospitals, Inc., Third-Party Defendant.

Intermediate Court of Appeals of Hawai`i.

November 28, 2023.


Attorney(s) appearing for the Case

On the briefs:

Roy K.S. Chang , Harvey M. Demetrakopoulos , (Shim & Chang), Honolulu, for Plaintiffs-Appellants.

Richard B. Miller , Patricia Kehau Wall , (Tom Petrus & Miller, LLLC), Honolulu, Defendant/Cross-Claim Defendant/Cross-Claim Plaintiff/Cross-Claim Plaintiff-Appellee.

LEONARD, PRESIDING JUDGE, HIRAOKA AND McCULLEN, JJ.


This case arises out of a dog bite injury suffered by an employee at a veterinary clinic, after a dog was turned over to a veterinarian and clinic staff members for medical examination. We hold that Hawaii's primary assumption of risk doctrine bars a veterinarian and/or veterinary staff from recovering damages...

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