Mobley v. Ching
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In this case arising from a personal injury lawsuit against the drivers of two vehicles in two separate accidents, one in 2005 and the other in 2008, the Supreme Court affirmed the ICA"s judgment vacating the circuit court's summary judgment in favor of Defendants for the 2008 accident, holding that the circuit court erred.
Plaintiff filed a complaint against Leslie Ching for the 2005 accident and Lyanne Kimura for the 2008 accident. Kimura impleaded Dennis Espaniola as a third-party defendant because of his involvement in the 2008 accident. Plaintiff alleged he was able to assert tort liability for the two accidents under either of two exceptions to Haw. Rev. Stat. 431:10C-306(a), which abolishes tort liability with respect to accidental harm arising from motor vehicle accidents occurring in the state. The circuit court ruled that Plaintiff failed to satisfy either exception. The ICA vacated the summary judgment. The Supreme Court affirmed, holding (1) the ICA did not err in ruling that the circuit court erred in granting Espaniola's motion for partial summary judgment based on Plaintiff's failure to satisfy the tort threshold; and (2) the ICA did not err in ruling that the circuit court's grant of Espaniola's motion for partial summary judgment was premature.
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