(DOWNLOAD) "Wong-Leong V. Hawaiian Independent Refinery Inc." by Hawaii Supreme Court * Book PDF Kindle ePub Free

eBook details

Title: Wong-Leong V. Hawaiian Independent Refinery Inc.
Author : Hawaii Supreme Court
Release Date : January 06, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 81 KB

Description

Plaintiff-Appellee/Appellant Beatrice Wong-Leong*fn1 and plaintiff-Appellant/Appellee Brian Sugimoto*fn2 (collectively Appellants) appeal the circuit court's order granting Defendant-Appellee Hawaiian Independent Refinery, Inc.'s (HIRI) motion to dismiss or in the alternative for summary judgment.*fn3 Wong-Leong and Sugimoto brought separate actions against HIRI alleging that HIRI was liable for the deaths caused by the drunk driving of one of its employees, Joshua Rellamas. HIRI consolidated the actions, and then obtained summary judgment on all claims, asserting that (1) as a matter of law, it cannot be held liable as a social host because Hawaii does not recognize social host liability, and in any event, it was not a social host, (2) it is not liable for negligent failure to control Rellamas because it could not know of any foreseeable risk, nor did it permit the consumption of alcohol on HIRI premises, and (3) it is not liable under the theory of respondeat superior because Rellamas was not acting within the scope of his employment at the time of the accident.