Dold v. Outrigger Hotel & Hawaii Hotels Operating Co.

*24CONCURRING OPINION OF

MARUMOTO, J., IN WHICH ABE, J., JOINS

I concur in the result, but cannot agree with the reasoning in the opinion of the court nor with the statement that the contract here was breached in a wanton or reckless manner so as to result in a tortious injury entitling the plaintiffs to recover in tort.

The plaintiffs in the trial below requested and were refused instructions for punitive damages. They appealed that question and that question alone to this court. The issues presented were two in number: first, whether defendants breached a general, i.e. tort, duty owed plaintiffs…