Makaneole v. Gampon

OPINION OF THE COURT BY

PADGETT, J.

The Circuit Court of the Fifth Circuit entered an order in these cases granting directed verdicts in favor of Kauai Development Corporation (KDC) and Drake Gampon (Gampon). The Intermediate Court of Appeals (ICA) reversed the directed verdicts. KDC and appellant George Makaneole (Makaneole) filed applications for writs of certiorari which we granted.

We now affirm the ICA’s reversal of the directed verdicts but reverse the ICA’s holding in section IIIC of its opinion.

The evidence, as stated by the ICA, was as follows:

On September 18, 1981, Makaneole was…