[Download] "Yoshino v. Saga Food Service and John Mullen and Co." by Hawaii Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Yoshino v. Saga Food Service and John Mullen and Co.
- Author : Hawaii Supreme Court
- Release Date : January 19, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
On July 17, 1997, the circuit court of the second circuit entered a written order granting defendant-appellee Sandra Crakes motion for summary judgment against plaintiff-appellant Montana G. Del Rio, a minor, by her guardian ad litem, Humberto Del Rio. Del Rio appeals, contending that the circuit court erred in ruling that, because Del Rio did not meet any of the tort threshold exceptions enumerated in Hawaii Revised Statutes (HRS) Γ§ 431:10C-306(b) (1993), she was precluded from bringing suit in tort against the allegedly negligent Crake, notwithstanding that Del Rio was uninsured and, therefore, ineligible for no-fault benefits. Specifically, Del Rio contends that the tort threshold statute, HRS Γ§ 431:10C-306, is unconstitutional per Joshua v. MTL, Inc., 65 Haw. 623, 656 P.2d 736 (1982), and McAulton v. Goldstrin, 66 Haw. 14, 656 P.2d 96 (1982), and requests that this court so declare and remand this matter for trial.