Honolulu Ltd. v. Cain

Marbtjry, J.,

filed the following dissenting opinion, in which Horney and McWieliams, JJ., concurred.

I cannot agree with the majority that there was sufficient evidence to go to the jury on the issue of the defendant’s primary negligence. I am of the opinion that the plaintiffs failed to produce evidence legally sufficient to prove the breach of the duty of exercising ordinary care in the maintenance of its parking lot owed by the defendant to the plaintiffs, which resulted in Margaret Cain’s injuries.

On February 27, 1964, the plaintiffs were driven to the shopping center, which they had…