Bulatao v. Kauai Motors, Ltd.

DISSENTING OPINION OF

WIRTZ, J.

I am in complete accord with the conclusion reached by the majority in the Opinion of the Court that, as a matter of law, there was insufficient evidence of negligence on the part of the defendant to permit or to support a verdict in favor of the plaintiff.1 However, I am unable to accede to the disposition made of the case in the remand.

The granting of a new trial is not responsive to the errors found by the court to have been committed by the trial judge. The entry of judgment for the defendant is, as it would cure the injury suffered by the defendant under…