Viveiros v. State

CONCURRING AND DISSENTING OPINION OF

LEVINSON, J., WITH WHOM KOBAYASHI, J., JOINS

I concur with the majority’s disposition of the negligence and attorney’s fee issues; but I dissent from its decision with regard to damages, which is, in my opinion, erroneous.

The majority’s use of Low v. Honolulu Rapid Transit Co., 60 Haw. 582, 445 P.2d 392 (1968), to delineate the standard for appellate disturbance of a trial court’s findings of fact is correct. An application of this standard to the facts of the case before us, however, leads me to conclude that the trial court’s determination as to the amount…