Kuahiwinui v. Zelo's Inc.

Full title: BERNADINE KUAHIWINUI, Individually and as Personal Representative of the…

Court: INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

Date published: Jan 30, 2018

NO. CAAP-13-0001803 (Haw. Ct. App. Jan. 30, 2018)

Opinion

NO. CAAP-13-0001803

01-30-2018

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.

By: Nakamura, Chief Judge, for the court

FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CIVIL NOS. 08-1-0067 and 08-1-0069) ORDER OF CORRECTION
(¹)

1 Nakamura, Chief Judge, and Leonard and Reifurth, JJ. --------

The Opinion filed on December 13, 2017, is hereby corrected as follows:

1. On page 3, in the third line, the word "applies" should be replaced with "apply" so that as corrected, the text reads: ". . . what criteria apply in . . . ."

2. On page 3, in the eleventh line, the word "an" should be replaced with "a" so that as corrected, the text reads: ". . . down a steep . . . ."

3. On page 12, in the fifth and sixth lines from the bottom of the page, the word "were" should be replaced with "was" in each line so that as corrected, the text reads: ". . . which was derivative of Keliikoa's claims, was also properly dismissed."

4. On page 13, in the third line from the end of footnote 7, the word "decision" should be inserted between "Reyes" and "and" so that as corrected, the footnote reads: ". . . relevant to the Reyes decision and currently, . . . ."

5. On page 14, in the twenty-first line, the word "of" should be inserted between "favor" and "Kuboyama" so that as corrected, the text reads: ". . . in favor of Kuboyama, . . . ."

6. On page 18, in the ninth line, the word "a" should be inserted between "of" and "dram" so that as corrected, the text reads: ". . . context of a dram shop claim, . . . ."

7. On page 18, in the thirteenth line, the word "intoxicated" should be replaced with "intoxication" so that as corrected, the text reads: ". . . Kristerpher's intoxication when . . . ."

The clerk of the court is directed to take all necessary steps to notify the publishing agencies of these changes.

DATED: Honolulu, Hawai'i, January 30, 2018.

FOR THE COURT:

/s/

Chief Judge