Legal Opinion
Kanahele v. HAN
Hawaii Supreme Court
Decided October 12, 2011No. SCWC-29800PublishedCited by 5 opinions
1Opinion of the Court
Opinion of the Court by
ACOBA, J.
We hold that in a personal injury case (1) when a jury awards special damages but returns a zero general damages award for pain and suffering, it is not an abuse of discretion for the court to instruct the jury that the verdict is inconsistent, and to direct the jury to continue deliberations on the amount of general damages to be awarded; (2) when, after resubmittal to the jury in such a case, the jury returns a general damages award that is the symbolic equivalent of no award, the verdict is inconsistent; thus, (3) in the instant case, the jury’s $1.00…
2Cases cited22 opinions
- Schefke v. Reliable Collection Agency, Ltd.Hawaii Supreme Court · 2001
- Auwood v. Harry Brandt Booking Office, Inc.Court of Appeals for the Second Circuit · 1988
- Deanna L. Beard, Appellee/cross-Appellant v. Flying J, Inc., Appellant/cross-Appellee, and Richard KroutCourt of Appeals for the Eighth Circuit · 2001
- Zanakis-Pico v. Cutter Dodge, Inc.Hawaii Supreme Court · 2002
- Bynum v. MagnoHawaii Supreme Court · 2004
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3Cited by5 opinions
- KTM Health Care Inc. v. SG Nursing Home LLCCourt of Appeals of Utah · 2018
- Lahaina Fashions, Inc. v. Bank of HawaiiHawaii Intermediate Court of Appeals · 2013
- Lahaina Fashions, Inc. v. Bank of Hawai‘i.Hawaii Supreme Court · 2014
- Ingall v. RabagoDistrict Court, D. Hawaii · 2024
- Mueller v. State of Hawaii Department of Public SafetyDistrict Court, D. Hawaii · 2022