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SILVA v. CITY AND COUNTY OF HONOLULU

No. 27385.

165 P.3d 247 (2007)

Lorin SILVA and Carol Silva, individually and as personal representative of the Estate of Kevin Silva, Plaintiffs-Appellants, v. CITY AND COUNTY OF HONOLULU, Defendant-Appellee, and John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, Doe Partnerships 1-10, and Doe Governmental Agencies 1-10, Defendants.

Supreme Court of Hawai`i.

August 10, 2007.

Attorney(s) appearing for the Case

Dennis W. Potts, Honolulu, and Todd W. Eddins, on the briefs, for the plaintiffs-appellants Lorin and Carol Silva.

Moana A. Yost, Deputy Corporation, counsel (DCC), for the defendant-appellee City and County of Honolulu.

James Krueger, Haiku, for the amicus curiae Consumer Lawyers of Hawai`i.

Jane E. Lovell, DCC, for the amicus curiae County of Maui.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ., and Circuit Judge CHANG, in place of ACOBA, J., Recused.

Opinion of the Court by LEVINSON, J.

The plaintiffs-appellants Lorin and Carol Silva [hereinafter, collectively, "the Plaintiffs"] appeal from the first circuit court's June 14, 2005 judgment, the Honorable Randal K.O. Lee presiding, in favor of the defendant-appellee City and County of Honolulu [hereinafter, "the County"] and against the Plaintiffs, effectively dismissing their complaint.

On appeal to this court, the Plaintiffs contend that: (1) Hawai`i Revised...

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