Mist v. Westin Hotels, Inc.

OPINION OF THE COURT BY

WAKATSUKI, J.

Martha A. Mist, plaintiff-appellant, appeals the trial court’s judgment denying recovery on her claim for loss of consortium, and order awarding certain costs to Westin Hotels, Inc. and Mauna Kea Properties, Inc., defendants-appellees.

On August 22, 1981, Robert W. Mist (“Robert”) and Martha A. Mist (“Martha”) were staying at the Mauna Kea Beach Hotel, one of defendants. Sometime during the afternoon of that day, while swimming in the ocean waters adjacent to the hotel, Robert suffered serious injuries resulting in permanent quadraplegia.

Prior to trial,…