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MYERS v. SOUTH SEAS CORP.

Nos. 15086, 15117.

871 P.2d 1231 (1994)

76 Hawai`i 161

Michael S. MYERS, Individually and as Special Administrator of the Estate of Marla Colleen Myers, Deceased, Respondent-Appellant, v. SOUTH SEAS CORPORATION, a Hawai`i corporation, dba Rudy's Italian Restaurant and Hideaway Lounge, Petitioner-Appellee, and Outrigger Hotels Hawai`i, Inc., dba Outrigger Hotels Surf Hotel, Defendants-Appellees, and Lautusi Taua, John Does 1-10, Defendants.

Supreme Court of Hawaii.

As Amended on Grant of Reconsideration in Part May 4, 1994.

Attorney(s) appearing for the Case

Margaret C. Jenkins (David J. Dezzani with her on the brief; Goodsill Anderson Quinn & Stifel, of counsel), Honolulu, for petitioner-appellee South Seas Corp.

Paul D. Hicks (David C. Schutter and Stacy Moniz with him on the brief; Schutter & Glickstein, of counsel), Honolulu, for respondent-appellant Michael S. Myers.

Before LEVINSON, Acting C.J., NAKAYAMA, J., YIM, Circuit Court Judge in place of MOON, C.J., Recused, Town Circuit Court Judge in place of KLEIN, Associate Justice, Recused, and WEIL, Circuit Court Judge in place of RAMIL, Associate Justice Recused.

NAKAYAMA, Justice.

This appeal stems from the fatal assault upon decedent Marla Colleen Myers (Marla) by Lautusi Taua (Taua) on the premises of Rudy's Hideaway Lounge (Rudy's) and the Outrigger Surf Hotel (Outrigger). Petitioner-Appellee Rudy's now challenges the decision of the Intermediate Court of Appeals (ICA) to vacate the circuit court's judgment in favor of Rudy's and remand for trial on the sole issue of Rudy's liability.

We affirm the ICA on different...

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