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eBook details

• Title: Bertelmann V. Taas Associates
• Author : Hawaii Supreme Court
• Release Date : January 14, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Plaintiffs-Appellants (hereinafter collectively "Appellants") Eric Kaleo Haili Bertelmann (hereinafter "Bertelmann") as administrator of the estate of Solomon Boyd Keliikoa (hereinafter "Decedent") and the Decedent's survivors (hereinafter collectively the "Survivors") Mary Kapua Bertelmann Keliikoa as guardian ad litem for the unmarried minor Saulnette Kapua Palenapa, Bertelmann, Mary Kapua Bertelmann Keliikoa, and Saul Cleghorn Keliikoa appeal the order dismissing their complaint against Defendant-Appellee Taas Associates, doing business as Sheraton Royal Waikoloa Hotel (hereinafter "Sheraton Hotel"). Appellants had sued claiming Sheraton Hotel employees had served liquor to Decedent, causing him to become so drunk that he later crashed the car he was driving, thereby sustaining fatal injuries. Appellants contend the trial court erred by dismissing their complaint for failure to state a claim because 1) a common law dram shop action is available to them under Ono v. Applegate, 62 Haw. 131, 612 P.2d 533 (1980); and 2) even if Decedent's estate cannot maintain an action, his Survivors still possess a valid wrongful death claim. For reasons stated below, we decline to extend the applicability of Ono to the case at bar and therefore affirm the order of dismissal.

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