Gump v. Wal-Mart Stores, Inc.

Opinion of the Court by

NAKAYAMA, J.

Petitioner-appellant Wal-Mart Stores, Inc. (Wal-Mart) has applied to this court for a writ of certiorari to review the opinion of the Intermediate Court of Appeals (ICA) in Gump v. Wal-Mart Stores, Inc., 93 Hawai'i 428, 5 P.3d 418 (App.1999) [hereinafter, the “ICA’s opinion”], affirming the trial court’s judgment in favor of the plaintiff and various orders of the trial court. Wal-Mart argues that the ICA erred in affirming the judgment and orders because: 1) the ICA should not have adopted the “mode of. operation” rule; 2) the ICA misapplied the rule by…