No. SCWC-29800, Thursday, September 15, 2011, 9:00 a.m.

GREGORY KANAHELE, SR.,Individually and as Next Friend of GREGORY KANAHELE, JR., a Minor, and TRISHALYNN KANAHELE, a Minor, Petitioners/Plaintiffs-Appellees/Cross-Appellants, vs. JAMES HAN, Respondent/Defendant-Appellant/Cross-Appellee.

(Motor Vehicle Tort)

Attorney(s) for Petitioners/Plaintiffs-Appellees/Cross-Appellants: Richard Turbin, Rai Saint Chu, and Janice D. Heidt of Turbin Chu

Attorney for Respondent/Defendant-Appellant/Cross-Appellee: James T. Wong

NOTE: Order accepting application for writ of certiorari, filed 08/11/11.

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

The above oral argument was set in:

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

[ Listen to the entire audio recording in mp3 format ]

Brief Description:

Petitioners/Plaintiffs-Appellees/Cross-Appellants Gregory Kanahele, Sr. (Kanahele), individually and as next friend of Gregory Kanahele, a minor (Gregory), and Trishalynn Kanahele (Trishalynn), a minor, (collectively, Petitioners), filed an Application for Writ of Certiorari seeking review of the April 27, 2011 judgment of the Intermediate Court of Appeals filed pursuant to its April 7, 2011 summary disposition order (SDO) affirming the April 24, 2009 final judgment filed by the circuit court of the first circuit (the court). After Gregory was struck by a vehicle driven by Respondent/Defendant-Appellant/Cross-Appellee James Han (Respondent), Petitioners brought a suit against Respondent asserting, inter alia, that Respondent was negligent. After a jury trial, the court accepted a verdict awarding Petitioners $12,280.41 in special damages and $1.00 in general damages. In the Application, Petitioners argue that the jury’s one dollar general damages award is inconsistent with the evidence and requires a new trial.