NO. 27581



IN THE SUPREME COURT OF THE STATE OF HAWAI‘I





WILLIAM KAY, JR., Individually and as Special Administrator of
the Estate of JEFFREY KAY, Respondent/Petitioner-Appellant,

vs.

KAISER FOUNDATION HEALTH PLAN, INC.,
Petitioner/Respondent-Appellee.




CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(S.P. NO. 02-1-0261)



ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI
(By: Nakayama, J., for the court (1))

Petitioner/Respondent-Appellee's application for writ of certiorari filed on May 7, 2009, is hereby rejected.

DATED: Honolulu, Hawai‘i, June 16, 2009.


George W. Playdon, Jr.,
Kelvin H. Kaneshiro, and
R. Aaron Creps for Petitioner/
Respondent-Appellee on the
application


1.     Considered by: Moon, C.J., and Nakayama, J., Circuit Judge Town, in place of Acoba, J., recused, Circuit Judge Wong, in place of Duffy, J., recused, and Circuit Judge Crandall, in place of Recktenwald, J., recused.