Sugue v. FL Smithe MacHine Co., Inc.

This is an interlocutory appeal by the plaintiff and cross interlocutory appeal by the defendant.

In a negligence and breach of warranty action filed by the plaintiff against the defendant (the manufacturer of the machine by which the plaintiff suffered her injuries) to recover damages for injuries suffered, the defendant filed a third-party complaint against the employer of plaintiff. The employer answered and raised the defense, inter alia, that the third-party complaint was barred by the workmen’s compensation statutes of the State of Hawaii since its workmen’s compensation insurance…