Agee v. Kahului Trucking & Storage, Inc.

OPINION OF THE COURT BY

WAKATSUKI, J.

The trial jury in a personal injury suit, finding no negligence, returned a special verdict in favor of Defendant-Appellee Kahului Trucking & Storage, Inc., dba Kauai Commercial Company (KCC). Plaintiff-Appellant James O. Agee appeals. Agee contends that the trial court committed several errors but only two contentions need to be addressed in this appeal. Did the trial court err in denying Agee’s requested instruction number 7 1 which applies the doctrine of res ipsa loquitur, and in granting KCC’s instruction number 3 2 which is the “mere happening”…