Lagua v. State

OPINION OF THE COURT BY

HAYASHI, J.

This appeal taken by the plaintiffs-appellants, Melchor V. and Jean G. Lagua (Lagua or appellants hereinafter), is from an order issued by First Circuit Court Judge Arthur S. K. Fong on November 5, 1979. In that order, Judge Fong granted a motion for summary judgment in favor of the defendant-appellee, State of Hawaii (State hereinafter), and against the appellants. On this appeal, the appellants argue that the motion for summary judgment was erroneously granted. We agree and reverse.

I

The following facts can be established from an examination of the record of…