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SCHWENKE v. OUTRIGGER HOTELS HAWAII, LLP

No. 28319.

227 P.3d 555 (2010)

Toe SCHWENKE, as Guardian of the Property of and Next Friend of Sogi Schwenke, an Incapacitated Person; and Faavae Schwenke and Palolo Schwenke, Minor Children of Sogi Schwenke, an Incapacitated Person, Plaintiffs-Appellants, v. OUTRIGGER HOTELS HAWAII, LLP dba Ohana Maile Sky Court; and Wackenhut Services, Inc., Defendants-Appellees, and John Does 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Corporations 1-10; Doe Entities 1-10; Doe Governmental Entities 1-10, and Doe Unincorporated Associations 1-10, Defendants.

Intermediate Court of Appeals of Hawai`i.

March 18, 2010.

Attorney(s) appearing for the Case

John R. Myrdal, Sue V. Hansen, and Elise Owens Thorn (Clay Chapman Crumpton Iwamura & Pulice), Honolulu, on the briefs, for Plaintiffs-Appellants.

Dennis E.W. O'Connor, Michael J. McGuigan, and Charles R. Prather (Reinwald O'Connor & Playdon LLP), Honolulu, on the briefs, for Defendant-Appellee Outrigger Hotels Hawaii, LLP dba Ohana Maile Sky Court.

Mary L. Lucasse and Devin L. Choy (Burke McPheeters Bordner & Estes), Honolulu, on the briefs, for Defendant-Appellee The Wackenhut Corporation.

NAKAMURA, C.J., FOLEY and FUJISE, JJ.

Opinion of the Court by FOLEY, J.

Plaintiffs-Appellants Toe Schwenke, as Guardian of the Property of and Next Friend of Sogi Schwenke (Sogi), an Incapacitated Person; and Faavae Schwenke and Palolo Schwenke, Minor Children of Sogi, (collectively, Appellants) appeal from the Judgment entered on December 12, 2006 in the Circuit Court of the First Circuit1 (circuit court). After motions for summary judgment were filed by Defendants-Appellees...

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