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RYGG v. COUNTY OF MAUI

No. CIV. 98-00874 ACK.

122 F.Supp.2d 1140 (2000)

Charlene RYGG, et al., Plaintiffs, v. COUNTY OF MAUI, et al., Defendants.

United States District Court, D. Hawaii.

Order Denying Motion to Amend September 15, 2000.

Attorney(s) appearing for the Case

James Krueger, Law Offices of James Krueger, Wailuku, Frank B. Morrison, Jr., Morrisons McMarthy & Baraban, Whitefish, MT, for Charlene Rygg, Individually, Philip John Rygg, Estate of, Deceased exc Charlene Rygg, Adam E. Noble, Jeffrey W. Weyh, Rebecca Rygg, Philip John Rygg, II, plaintiffs.

Kenneth S. Robbins, Vincent A. Rhodes, Honolulu, Milton S. Tani, Wailuku, Maui, Ryan M. Akamine, Roeca Louie & Hiraoka, Honolulu, for Maui, County of, Aston Hotels & Resorts dba Aston at the Maui Banyan, John Does 1-5, John Doe Corporations 1-5, John Doe Partnerships 1-5, Roe Non-Profit Corporations 1-5, Roe Governmental Agencies 1-5, defendants.

DECISION AND FINDINGS OF FACT AND CONCLUSIONS OF LAW

KAY, District Judge.

This case arises out of a tragic accident that occurred at Kamaole Beach Park II ("Kamaole II") on Maui, Hawaii, on March 13th, 1998. On that day, Mr. Philip John Rygg of Montana, on vacation with his family on Maui, was injured by a shorebreak wave at Kamaole II.

Mr. Rygg's suffered severe spinal injuries. Mr. Rygg, who led an active life, was left debilitated and bed...

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