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SAVINI v. UNIVERSITY OF HAWAII

No. 26747.

153 P.3d 1144 (2007)

Sosaiete L. SAVINI and Bette Savini, Plaintiffs-Appellees, v. UNIVERSITY OF HAWAI`I, Defendant-Appellant, and John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Doe Non-Profit Entities 1-10, and Doe Governmental Entities 1-10, Defendants.

Supreme Court of Hawaii.

March 19, 2007.

Attorney(s) appearing for the Case

Francis T. O'Brien, on the briefs, for the plaintiffs-appellees Sosaiete L. Savini and Bette Savini.

Robert A. Mash, of the Office of the General Counsel of the University of Hawai`i, on the briefs, for the defendant-appellant University of Hawai`i.

Deirdre Marie-Iha, Deputy Attorney General, on the briefs, for the amicus curiae State of Hawai`i.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Opinion of the Court by LEVINSON, J.

The defendant-appellant University of Hawaii (UH) appeals from the first circuit court's July 12, 2004 order, the Honorable Gary W.B. Chang presiding, denying UH's April 7, 2004 motion (citing Hawai`i Revised Statutes (HRS) § 662-4 (1993) and Hawaii Rules of Civil Procedure (HRCP) Rule 12(b)1), to dismiss the June 5, 2001 first amended complaint of the...

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