Shimabuku v. Montgomery Elevator Co.

RAMIL, Justice.

Plaintiffs-appellees Lloyd Shimabuku (Shi-mabuku) and Lauren Shimabuku brought a tort action against defendant-appellee Montgomery Elevator Company (Montgomery) for injuries suffered during the scope and course of Shimabuku’s employment with intervenor-appellant State of Hawaii (Employer). Shi-mabuku received workers’ compensation benefits from Employer. On the day after jury selection began and without Employer’s knowledge or consent, Shimabuku and Montgomery (collectively Appellees) stipulated to dismiss all claims against Montgomery. At the same time, Shimabuku’s spouse,…