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Cordeiro v. Burns5/5/1989
This is an appeal from a summary judgment granted to defendants-appellees State of Hawaii (State) and County of Maui (County) in a wrongful death action arising from an automobile accident. Plaintiff-appellant Catherine Cordeiro (Appellant), as personal representative of the estate of decedent William J. Perreira (Perreira) and as prochein ami of decedent's minor children, William Perreira, Jr. and Joseph Perreira, contends that the lower court erred in granting the State a summary judgment because (1) issues relating to negligence and proximate cause are not appropriate for summary adjudication and (2) there are genuine issues of material fact concerning the cause of the accident which resulted in Perreira's death. Appellant also contends that the lower court improperly rendered a summary judgment in the County's favor because "the County did not seek relief, but merely joined in the . . . State's Motion for Summary Judgment which only sought relief for State." We affirm.
I.
The following facts are not in dispute. On September 29, 1984, at approximately 10:00 p.m., a jeep owned and driven by defendant Sidney G. Burns (Burns), in which Perreira was a passenger, crossed the centerline on West Kuiaha Road (Road) in Maui County and collided with an oncoming vehicle driven by Lourdes Felipe (Felipe). At the time of the accident, which "occurred under cloudy weather conditions, on a wet roadway surface and in an area where there existed no street lights[,]" Record at 797, Burns' jeep was descending a "downhill grade on a curve[,]" id. and traveling in
a makai direction "at about 30 Miles Per Hour." Id. at 781. The accident occurred on a State-owned portion of the Road. As a result of the collision, Perreira was thrown from the jeep, sustained serious bodily injuries, and died soon thereafter.
Both Burns and Perreira had been drinking beer for a period of approximately eight consecutive hours prior to the accident. Burns was arrested for driving under the influence of intoxicating liquor and subsequently charged with and convicted of negligent homicide in the first degree. A blood test administered to Burns indicated a blood alcohol concentration (BAC) of 0.28 percent. Perreira's BAC was 0.20 percent.
On September 17, 1986, Appellant filed an amended complaint alleging gross negligence on the part of Burns and negligence on the part of the State and the County. With respect to the State and the County, Appellant specifically alleged that both had "designed, constructed, owned, operated and maintained West Kuiaha Road . . . in a negligent and careless manner." Id. at 14.
On March 29, 1988, the State filed a motion for summary judgment claiming that "the State's alleged negligence has no causal connection with the accident and, therefore, is not the proximate cause of Plaintiff's claimed damages." Id. at 574. On April 12, 1988, the County filed a "joinder" in the State's motion for summary judgment.
On April 28, 1988, the lower court entered its order granting summary judgment to the State and the County. Appellant thereafter moved for reconsideration, which was denied on July 12, 1988. After the summary judgment was certified as to its finality pursuant to Hawaii Rules of Civil Procedure (HRCP) Rule 54(b), Appellant timely appealed.
II.
We agree with Appellant that issues of "negligence and proximate cause are ordinarily not susceptible to summary adjudication." De Los Santos v. State, 65 Haw. 608, 610, 655 P.2d
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