Williams v. Henderson

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Electronically Filed Supreme Court SCWC-29491 08-OCT-2012 02:12 PM NO. SCWC-29491 IN THE SUPREME COURT OF THE STATE OF HAWAI'I CIVIL NO. 05-1-0947 LON WILLIAMS, Individually and as Personal Representative of the ESTATE OF ALACIA WILLIAMS, Deceased, Petitioner/Plaintiff-Appellant, vs. MARC HENDERSON and STATE OF HAWAI'I, Respondents/Defendants-Appellees, and LORRIE ANN MONIZ and CITY AND COUNTY OF HONOLULU, Defendants, and STATE OF HAWAI'I, Defendant/Third-Party Plaintiff-Appellee, vs. KARIN R. WILLIAMS; CITY AND COUNTY OF HONOLULU; and GIRL SCOUT COUNCIL OF HAWAI'I, Third-Party Defendants-Appellees. CIVIL NO. 05-1-0846 ALAN GOTO, Individually and as Personal Representative of the ESTATE OF RYAN GOTO, Deceased; DAVID BEGA; and PAUL JAVIER, Petitioners/Plaintiffs-Appellants, vs. MARC HENDERSON; KARIN R. WILLIAMS; GIRL SCOUT COUNCIL OF HAWAI'I; STATE OF HAWAI'I, Respondents/Defendants-Appellees, and LORRIE ANN MONIZ, Defendant, and STATE OF HAWAI'I, Third-Party Plaintiff-Appellee, vs. CITY AND COUNTY OF HONOLULU, Third-Party Defendant-Appellee. CIVIL NO. 05-1-1045 KARIN WILLIAMS, Petitioner/Plaintiff-Appellant, vs. MARC HENDERSON; STATE OF HAWAI'I, Respondents/Defendants-Appellees, and LORRIE ANN MONIZ, Defendant, and STATE OF HAWAI'I, Third-Party Plaintiff-Appellee, vs. CITY AND COUNTY OF HONOLULU, Third-Party Defendant-Appellee. CIVIL NO. 05-1-0883 GEORGIE-ANN GOTO, Individually and as Guardian of the Property of BOWEN GOTO, a minor, Petitioner/Plaintiff-Appellant, vs. MARC HENDERSON; KARIN R. WILLIAMS; GIRL SCOUT COUNCIL OF HAWAI'I; STATE OF HAWAI'I, Respondents/Defendants-Appellees, and STATE OF HAWAI'I, Cross-Plaintiff, vs. CITY AND COUNTY OF HONOLULU, Cross-Defendant. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 29491; CIV. NOS. 05-1-0947, 05-1-0846, 05-1-1045 and 05-1-0883) ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI (By: Nakayama, Acoba, and Pollack, JJ., and Circuit Judge Castagnetti, in place of McKenna, J., recused, with Recktenwald, C.J., dissenting) The Application for Writ of Certiorari filed on August 24, 2012 by Petitioners/Plaintiffs-Appellants Alan Goto; Individually and as Personal Representative of the Estate of Ryan Goto, Deceased; David Bega; Paul Javier; Lon Williams, Individually and as Personal Representative of the Estate of Alacia Williams; Karin Williams, and Georgie-Ann Goto, 2 Individually and as Guardian of the Property of Bowen Goto is hereby rejected. DATED: Honolulu, Hawai'i, October 8, 2012. James J. Bickerton, for petitioners Alan Goto, David Bega, and Paul Javier /s/ Paula A. Nakayama James T. Leavitt, Jr., for petitioner Georgie-Ann Goto /s/ Richard W. Pollack /s/ Simeon R. Acoba, Jr. /s/ Jeannette H. Castagnetti Charles J. Ferrera, for petitioner Karin Williams Robin M. Kishi and Caron M. Inagaki, for respondent State of Hawai'i DISSENT BY RECKTENWALD, C.J. I respectfully dissent. For the reasons articulated in Chief Judge Nakamura s dissenting opinion in Williams v. Henderson, No. 29491, 2012 WL 1951389 (App. May 31, 2012) (SDO), I would grant the petitioners application. /s/ Mark E. Recktenwald 3

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