Birmingham v. Fodor's Travel Publications, Inc.

OPINION OF THE COURT BY

LEVINSON, J.

The plaintiffs-appellants Joseph and Gail Birmingham (the Birminghams) appeal orders entered March 13, 1991, June 4, 1991, and June 10, 1991, granting summary judgment on their negligence claims in favor of the defendants-appellees Fodor’s Travel Publications, Inc. (Fodor’s), State of Hawaii (State), and County of Kauai (County). On the record before us, we answer the following question: Did Fodor’s, the State and/or the County owe the Birminghams a duty to warn of ocean surf conditions? For the reasons set forth in this opinion, we answer in the negative as…