Kajiya v. Department of Water Supply

OPINION OF THE COURT BY

BURNS, J.

This is an appeal from the trial court’s order granting defendants-appellees’ motion for summary judgment. Plaintiffs-Appellants (hereinafter plaintiffs or the Kajiyas) argue that the issues of material fact presented below were sufficient to preclude the summary judgment. We agree.

Three questions are presented to us for determination: (1) Whether plaintiffs’ failure to include the Board of Water Supply as a defendant is a fatal jurisdictional defect; (2) Whether the defendants owed a duty to the plaintiffs and if so, what the duty was and whether it was…