NO. 22662



IN THE SUPREME COURT OF THE STATE OF HAWAII





VIVIAN TSUKAMOTO, individually, and as Personal Representative of the Estate of Randall Charles Kim, and as Personal Representative of the Estate of Carol Ann Kim, and as Guardian of Toby James Kim, a Minor, and as Guardian of Carlee Ann Kim, a Minor, NORMA I. KIM, CHARLES S.C. KIM ROBIN C. KIM, ERNEST CLIFFORD PRIOR, IRENE BARCLAY, SANDRA PRIOR and STUART PRIOR,

Plaintiffs-Appellants,

vs.

PATRICIA MIYOKO LAU,

Defendant-Appellee,

and

THE ESTATE OF MICHAEL LAU, DOE DEFENDANTS 1-10,

Defendants.

_______________________________



CIV. NO. 97-3254

FIRST CIRCUIT COURT

SUMMARY DISPOSITION ORDER

Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we hold that, inasmuch as Defendant-appellee Patricia Lau (Patricia)

did not, as a matter of law, commit affirmative acts of "misfeasance" that created an unreasonable risk of harm to Randall Charles Kim (Mr. Kim) and Carol Ann Kim (Mrs. Kim), see Restatement of Torts (Second) sections 302, 302A, and 302B; Touchette v. Ganal, 82 Hawaii 293, 922 P.2d 347 (1996), the circuit court did not err in granting Patricia's October 9, 1998 motion for summary judgment. Therefore,

IT IS HEREBY ORDERED that the judgment from which this appeal is taken is affirmed.

DATED: Honolulu, Hawaii, (1), June 6, 2000.



On the briefs:

Keith S. Shigetomi

for plaintiffs-appellants

Michael N. Tanoue

(Ralph R. LaFountaine

with him on the brief),

of The Pacific Law

Group, for defendant-

appellee



_________________________________

RONALD T.Y. MOON, Chief Justice



_________________________________

STEVEN H. LEVINSON, Associate Justice



_________________________________

PAULA A. NAKAYAMA, Associate Justice



_________________________________

MARIO R. RAMIL, Associate Justice



_________________________________

EDEN ELIZABETH HIFO, Substitute Justice

1. Substitute Justice Hifo was assigned by reason of the vacancy created by the resignation of Justice Klein, effective February 4, 2000. On May 19, 2000, Simeon R. Acoba, Jr. was sworn-in as associate justice of the Hawaii Supreme Court. However, Substitute Justice Hifo remains on the above-captioned case, unless otherwise excused or disqualified.