Geldert v. State

OPINION OF THE COURT BY

TANAKA, J.

This is a wrongful death action tried by the court below without jury. Plaintiffs appeal the judgment in favor of defendant State of Hawaii (State).

The paramount issue is whether the trial court’s findings of fact (and the conclusions of law based thereon) that the decedent was negligent and that his negligence was greater than the negligence of all defendants in the case combined were clearly erroneous. The subsidiary issues are whether the trial court erred (1) in receiving certain answers to interrogatories, in evidence, and (2) in taxing against plaintiffs…