Legal Opinion
Ralston v. Yim. ICA Opinion, filed 05/31/2012.
Hawaii Supreme Court
Decided January 25, 2013No. SCWC-30082PublishedCited by 14 opinions
1Opinion of the Court
Opinion of the Court by
RECKTENWALD, C.J.
This appeal requires us to consider the evidentiary burden that must be satisfied before summary judgment can be granted. Plaintiff Rick Ralston sued his dentist, Dr. Errol Y.W. Yim, claiming that Dr. Yim had negligently provided him with orthodontic care to correct overcrowding in his lower front teeth.
Dr. Yim moved for summary judgment. At the first hearing on the motion, the circuit court sua sponte ordered a continuance pursuant to Hawai'i Rules of Civil Procedure (HRCP) Rule 56(f) to allow Ralston to submit an expert’s affidavit establishing that…
2Cases cited12 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Bill Clark Herbert Futch Austin Hurst Louis Sliker and William Barrineau v. Coats & Clark, Inc.Court of Appeals for the Eleventh Circuit · 1991
- Nissan Fire & Marine Insurance Company, Ltd v. Fritz Companies, Inc.Court of Appeals for the Ninth Circuit · 2000
- Craft v. PeeblesHawaii Supreme Court · 1995
- French v. Hawaii Pizza Hut, Inc.Hawaii Supreme Court · 2004
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3Cited by14 opinions
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- Malulani Group, Ltd. v. Kaupo Ranch, Ltd.Hawaii Intermediate Court of Appeals · 2014
- Winfrey v. GGP Ala Moana LLC.Hawaii Supreme Court · 2013
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