Rapozo v. Better Hearing of Hawaii, LLC

Opinion of the Court by

ACOBA, J.

We hold that the Intermediate Court of Appeals (ICA) erred in concluding that the findings of fact (findings) of the district court of the fifth circuit (the court) to the effect that (1) hearing aids purchased by Petitioner/Plaintiff-Appellee Mervyn Rapozo (Petitioner) were “nonconforming” under Hawai'i Revised Statutes (HRS) § 481K-1 (Supp. 2007) of HRS chapter 481K, the Assistive Technology Warranty Act (the Act) and that (2) Respondent/Defendant-Appellant Better Hearing of Hawaii, LLC (Respondent) had a reasonable opportunity to repair the devices pursuant…