MICHELE R. STEIGMAN, Petitioner-Plaintiff-Appellant, vs. OUTRIGGER ENTERPRISES, INC., dba OHANA SURF HOTEL, Respondent-Defendant-Appellee
(Non-Motor Vehicle Tort)
Attorneys for Petitioner-Plaintiff-Appellant: Janice P. Kim and Bruce B. Kim
Attorneys for Respondent/Plaintiff-Appellee:
Dennis E.W. O’Connor and Michael J. McGuigan of O’Connor Playdon & Guben LLP
NOTE: Order assigning Circuit Court Judge Michael D. Wilson due to a vacancy, filed 02/22/11.
NOTE: Order accepting application for writ of certiorari, filed 03/23/11.
COURT: MER, CJ; PAN, SRA, JED, JJ; Circuit Court Judge Michael D. Wilson, due to a vacancy.
The above argument took place in the Supreme Court courtroom on the Second Floor of Aliiolani Hale, 417 South King Street, Honolulu, Hawaii.
[ Listen to the entire audio recording in mp3 format ]
Petitioner-Plaintiff-Appellee Michele R. Steigman brought this tort action to recover damages after suffering a slip-and-fall accident while she was a guest of Respondent-Defendant-Appellant Outrigger Enterprises’ Ohana Surf Hotel. The case went to trial, and the jury found that the Defendant was not negligent. Steigman’s appeal to the Intermediate Court of Appeals ("ICA") resulted in a Summary Disposition Order affirming the trial court’s Final Judgment.
Steigman’s application for writ of certiorari presents a question of first impression, namely, whether Hawaii’s contributory negligence statute nullifies the common law tort defense barring recovery for plaintiffs injured by "known and obvious" dangers.