GECC Financial Corp. v. Jaffarian

NAKAYAMA, Justice.

We issued a writ of certiorari to review the decision of the Intermediate Court of Appeals (ICA) in GECC Financial Corp. v. Jaffarian, 79 Hawai'i 516, 904 P.2d 530 (1995), specifically to address whether, on a motion for summary judgment, the plaintiff-movant has the initial burden of disproving every affirmative defense asserted by the defendant.

In the present case, the circuit court granted the plaintiff-appellee’s motion for summary judgment. On appeal, the ICA vacated the circuit court’s order granting summary judgment, holding that genuine issues of material fact…