Mauian Hotel, Inc. v. Maui Pineapple Company

OPINION OF THE COURT BY

ABE, J.

This is a claim for recovery of property damages allegedly caused by the overflowing and bursting of a dam located on the property of the Maui Pineapple Company, Ltd. Initially, the Mauian Hotel, Inc., and approximately twenty others instituted action against Maui Pineapple who in turn moved to bring in two third-party defendants, Austin, Smith & Associates, Inc., and Napili-Kai, Ltd. The third-party plaintiff (Maui Pineapple) contends that Austin-Smith, at the request of Napili-Kai, designed the dam and if there is any liability to plaintiffs arising out of the…