Guth v. Freeland

Opinion of

I agree that summary judgment must be vacated. However, I disagree with the reasoning employed by the majority and the basis of the rule it adopts as to who may recover under the circumstances set forth in this case. In my view, (1) in the context of this case, the human remains of the decedent are not “property” as that term is used in Hawai'i Revised Statutes (HRS) § 663-8.9(a) (1993), (2) negligent infliction of mental distress is an independent tort for which recovery is allowed in this case under the standards established in Rodrigues v. State, 52 Haw. 156, 472 P.2d 509 (1970),…