Justia Injury Law Opinion Summaries

After Defendant performed surgery on Plaintiff’s back, Plaintiff filed a complaint alleging medical negligence and negligent failure to obtain informed consent. Defendant moved for summary judgment, alleging that he was entitled to judgment as a matter of law on Plaintiff’s claim of negligent failure to obtain informed consent because Plaintiff did not have medical expert testimony as to the “materiality” of the risk to support his claim. The circuit court agreed and granted summary judgment in favor of Defendant as to both of Plaintiff’s claims. The Supreme Court vacated the circuit court’s judgment as to the claim of negligent failure to obtain informed consent, holding (1) the common law materiality factors do not apply to a claim of negligent failure to obtain informed consent, and the circuit court erred in relying upon them instead of on Haw. Rev. Stat. 671-3(b); (2) consequently, Defendant was not entitled to judgment as a matter of law based on lack of expert testimony as to the common law materiality factors; and (3) the circuit court erred in concluding that Defendant was entitled to judgment as a matter of law on Plaintiff’s claim of negligent failure to obtain informed consent. View "Garcia v. Robinson" on Justia Law

Gene Wong was employed by Hawaiian Airlines, Inc. (HAL) as a pilot until he retired. Upon retiring, Wong became eligible to receive medical insurance paid for by HAL. Wong claimed that, as a result of misinformation he received from the employee benefits director, he did not complete the necessary forms to enroll in Medicare Part B coverage for almost a decade. Wong filed suit against HAL, alleging negligence, negligent misrepresentation, and unfair or deceptive practice (UDAP). The circuit court granted summary judgment in favor of HAL, concluding that (1) Wong’s negligence and negligent misrepresentation claims were preempted by the Railroad Labor Act (RLA) because any duty HAL owed would be derived from HAL’s obligations to retired pilots under a collective bargaining agreement between HAL and the Airline Pilots Association, and (2) the UDAP claim failed because the deceptive act did not occur in the conduct of any trade or commerce. The Intermediate Court of Appeals affirmed. The Supreme Court vacated in part and affirmed in part, holding (1) the record in this case did not support federal preemption of Wong’s negligence and negligent misrepresentation claims because these claims were not dependent on the Pilots Agreement; and (2) summary judgment was correctly granted on Wong’s UDAP claim. View "Wong v. Hawaiian Airlines, Inc." on Justia Law

Plaintiff, the former Chief of the General Medical & Preventative Services Division at the Hawaii Department of Health, filed a tort complaint against the State and Senator Rosalyn Baker, alleging that Baker eliminated his position in retaliation for whistleblowing activities. Baker filed a motion to dismiss the complaint on the grounds that she was immune from suit based on legislative immunity, that the claims were untimely, and that the complaint failed to state a claim. The circuit court granted in part and denied in part Baker’s motion to dismiss, finding, as relevant to this appeal, that Baker was not entitled to dismissal on the basis of legislative immunity. Baker appealed. The Intermediate Court of Appeals (ICA) dismissed the appeal for lack of appellate jurisdiction. The Supreme Court vacated the ICA’s order and remanded to the ICA for determination of the appeal on the merits, holding that the ICA had jurisdiction to hear Baker’s appeal because the circuit court’s order was an immediately appealable collateral order. View "Greer v. Baker" on Justia Law

Defendant’s vehicle struck Minor in or near a crosswalk as Minor crossed Farrington Highway on foot. A jury returned a unanimous special verdict finding Defendant not negligent. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment and the circuit court’s order denying Plaintiffs’ motion for judgment notwithstanding the verdict and/or, in the alternative, for new trial, holding (1) the jury instructions erroneously focused on a pedestrian’s obligation to obey all traffic laws rather than a driver’s obligation to avoid collisions, and the erroneous instructions were prejudicial; (2) the circuit court erred in excluding certain testimony on Defendant’s speed; and (3) the circuit court erred in excluding a photograph with markings made or authorized by a witness during his deposition that placed Minor in a crosswalk. Remanded. View "Samson v. Nahulu" on Justia Law