Hawaii trial courts, in certain circumstances, will allow a litigant to divide his trial into two parts. This is called “bifurcating” the trial. Hawaii Rules of Civil Procedure (HRCP) Rule 42(b) governs bifurcation and provides as follows:
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In Hawaii personal injury cases, an issue that is often in dispute is the existence and severity of the plaintiff’s physical injuries. Often, the best source of evidence of the plaintiff’s injuries is the plaintiff’s own medical records. In certain cases, a party will want to have an independent medical professional examine the plaintiff. These examinations are called Independent Medical Examinations, or IMEs. Rule 35 of the Hawaii Rules of Civil Procedure govern IMEs. HRCP Rule 35 provides as follows:
Rule 35. PHYSICAL AND MENTAL EXAMINATION OF PERSONS.
A Hawaii personal injury attorney must be mindful of special procedures he or she must follow when litigating a personal injury action on behalf of a minor or an incapacitated person. Because a minor or incapacitated person cannot make an informed decision regarding his or her case, Hawaii law requires that any settlement or judgment received in a minor’s court case be approved by a judge presiding in probate and that a conservator is appointed on behalf of the minor or incapacitated person. Rule 101 of the Hawaii Probate Rules makes it the Plaintiff’s Attorney’s responsibility to initiat
There are several theories under which an employer may be held liable for the acts of an employee. The most straightforward is called respondeat superior liability. The elements of respondeat superior liability are (1) employee negligence (2) within the scope of the employee’s employment. Id. (citations omitted). In defining the scope of an employee’s employment, the Hawaii Supreme Court reiterated its approval of Restatement (Second) of Agency §228 (1958) which states as follows:
(1) Conduct of a servant is within the scope of employment if, but only if:
Hawaii suffered its 30th traffic fatality of 2011 According to Hawaii News Now the fatality was a woman visiting from Oklahoma with her husband. Her husband was “rushed to the Queen’s Medical Center in critical condition, but later improved to serious condition.” The couple was driving a rented Harley when a truck collided with them on the Likelike Highway. The 57-year-old man who was driving the truck was booked this morning for “negligent homicide and negligent injury.” This fatal accident was the second accident in two days on the Likelike Highway, causing the highway to be shut dow
We are saddened to report that according to today’s edition of the Star Advertiser, a 45 year old woman was struck by a vehicle yesterday morning at about 10:50 am near Waianae High School. According to the article, she was crossing Farrington Highway near Alawa Place and died at Waianae Coast Comprehensive Health Center as a result of the accident. The article also stated that she was Oahu’s 50th traffic fatality this year, up from 46 traffic fatalities this time last year.
Negligent infliction of emotional distress (NIED) is an independent tort claim which arises when a tortfeasor causes emotional distress to another person resulting in a manifestation of physical injury.
We successfully represented property owners damaged by the Ka Loko Dam breach that occurred on Kauai on March 14, 2006. See our previous blogs dated November 3, 2009 and September 26, 2007. The Ka Loko Dam breach killed seven people. The Dam Safety Act (HRS § 179D-1, et. al.) was revised in 2007 as a result of the Ka Loko Dam breach.
In general, an employer may be held liable for the conduct of an employee acting within the scope of his or her employment.