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Bertelmann v. Taas Associates4/14/1987
Plaintiffs-Appellants (hereinafter collectively "Appellants") Eric Kaleo Haili Bertelmann (hereinafter "Bertelmann") as administrator of the estate of Solomon Boyd Keliikoa (hereinafter "Decedent") and the Decedent's survivors (hereinafter collectively the "Survivors") Mary Kapua Bertelmann Keliikoa as guardian ad litem for the unmarried minor Saulnette Kapua Palenapa, Bertelmann, Mary Kapua Bertelmann Keliikoa, and Saul Cleghorn Keliikoa appeal the order dismissing their complaint against Defendant-Appellee Taas Associates, doing business as Sheraton Royal Waikoloa Hotel (hereinafter "Sheraton Hotel"). Appellants had sued claiming Sheraton Hotel employees had served liquor to Decedent, causing him to become so drunk that he later crashed the car he was driving, thereby sustaining fatal injuries. Appellants contend the trial court erred by dismissing their complaint for failure to state a claim because 1) a common law dram shop action is available to them under Ono v. Applegate, 62 Haw. 131, 612 P.2d 533 (1980); and 2) even if Decedent's estate cannot maintain an action, his Survivors still possess a valid wrongful death claim. For reasons stated below, we decline to extend the applicability of Ono to the case at bar and therefore affirm the order of dismissal.
I.
Background Facts.
The facts are not disputed. On the evening of March 24, 1985 or the early morning of March 25, 1985, Decedent was drinking alcoholic beverages at Sheraton Hotel on Hawaii. While driving his car alone later on March 25, 1985, Decedent crashed on the Queen Kaahumanu Highway in North Kona. No other persons or vehicles were involved. Decedent died on May 16, 1985 from injuries received in the accident.
On February 18, 1986, Bertelmann was named the Decedent's estate administrator. Thereafter on March 6, 1986, Appellants filed suit alleging, inter alia:
10. That on March 24-25, 1985 the Defendant TAAS ASSOCIATES sold or furnished liquor on the licensed premises
of the Sheraton Royal Waikoloa Hotel to Solomon Boyd Keliikoa at a time when Defendant knew or should have known that Solomon Boyd Keliikoa was under the influence of liquor, and knowingly permitted Solomon Boyd Keliikoa while under the influence of liquor, to be or remain in or on the licensed premises, all in violation of Section 281-78(a)(2)(B) and (b)(1) of the Hawaii Revised Statutes.
11. That as a result of the wrongful acts, misconduct, negligence and violation of law by the Defendant as hereinabove noted, Solomon Boyd Keliikoa sustained severe and grave injuries and grevious pain and suffering which resulted in his continued hospitalization from March 25, 1985 until May 16, 1985, when he died as a result of the inuries he sustained.
12. That the Defendant TAAS ASSOCIATES caused or is otherwise responsible for the death of Solomon Boyd Keliikoa.
13. That as a result of the death of Solomon Boyd Keliikoa, Plaintiffs suffered great emotional distress, pecuniary injury, including medical, hospital and burial expenses, and loss of love and affection, society, companionship, comfort, consortium, protection, parental care, training, guidance and education, as persons wholly or partly dependent upon Solomon Boyd Keliikoa, and the legal representative of Solomon Boyd Keliikoa is entitled to recover the future earnings of the decedent and the provision decedent would have made for his family and dependents during the period of time he would have lived but for the misconduct and negligence of the Defendant pursuant to Sections
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