Ross v. Stouffer Hotel Co. (Hawai'i) Ltd.

I concur in the majority opinion except as to part III.A.1. Because I believe we should overrule Ross v. Stouffer Hotel Company (Hawaii) Ltd., 72 Haw. 350, 816 P.2d 302, reconsideration denied, 72 Haw. 616, 841 P.2d 1074 (1991) (Ross I), I would affirm the trial court’s judgment as to Count I. Accordingly, as to part III.A.1, I dissent.

I

In his dissent to Ross I, Justice Wakatsuki asserted that “[rjather than focusing on interpreting Hawai[‘]i Revised Statutes (HRS) § 378-2, the majority [in Ross I ] ... over-stepfped] judicial bounds by legislating an important policy issue affecting business…