Justia Injury Law Opinion Summaries

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