Joshua v. MTL, INC.

*624OPINION OF THE COURT BY

PADGETT, J.

This is an appeal from a judgment below granting the motion to dismiss appellant’s complaint for personal injuries arising out of an automobile accident on the ground that the statute of limitations, § 294-36(b), HRS, had expired before the filing of suit. Because we hold that that section and § 294-6(a)(2), HRS, contravene the equal protection clause of Article I, Section 5 of the Constitution of the State of Hawaii, in that those statutes result in an impermissible discrimination against appellant who was not eligible for no-fault benefits, we reverse.

Appell…