No. SCAP-10-0000213 Thursday, December 1, 2011, 10 a.m.

FIRST INSURANCE COMPANY OF HAWAII, LTD., Respondent/Plaintiff-Appellee, and JOSEPH G. TORO, Petitioner/Plaintiff-Intervenor-Appellant, vs. A&B PROPERTIES, INC., Respondent/Defendant/Defendant-Intervenor-Appellee.

(Other Non-Vehicle Tort)

Attorney for Petitioner/Plaintiff-Intervenor-Appellant Joseph G. Toro: Matthew S. Kohm

Attorney(s) for Respondent/Plaintiff-Appellee First Insurance Company of Hawaii, Ltd.: Jason M. Tani of Rush Moore, LLP

Attorney(s) for Respondent/Defendant/Defendant-Intervenor-Appellee A&B Properties, Inc.: Jodie D. Roeca, Keith K. Hiraoka, and James R. Ferguson of Roeca, Louie & Hiraoka

NOTE: Order accepting Application for Transfer, filed 04/20/11.

COURT: MER, CJ; PAN, SRA, JED, & SSM, JJ.

The above oral argument is set in:

Supreme Court courtroom
Ali`iolani Hale
417 South King Street
Honolulu, HI 96813

[ Listen to the entire audio recording in mp3 format ]

Brief Description:

Appellant/plaintiff-intervenor Joseph G. Toro appealed the Circuit Court of the Second Circuit’s (circuit court) December 2, 2010 judgment, entered pursuant to its amended order granting appellee/defendant A&B Properties, Inc.’s (A&B) motion for summary judgment. Toro sought to intervene in an action between his workers’ compensation insurer, First Insurance Co. of Hawai`i (First Insurance), and A&B, the owner of the property where Toro’s alleged accident occurred. First Insurance’s action sought to recover general and special damages on behalf of Toro as a result of his alleged work related injuries.

Toro argues that the circuit court erred in holding that Hawai`i Revised Statutes (HRS) § 386-8, relating to the recovery of workers’ compensation benefits, limits an injured employee’s right to intervene in a workers’ compensation insurer’s timely filed lawsuit to the two-year statute of limitation set forth in HRS § 657-7. Toro also argues that A&B waived its statute of limitations defense by failing to object to Toro’s motion to intervene, and that the circuit court’s order granting his motion to intervene is res judicata as to A&B’s prior motion to dismiss.