Del Rosario v. Kohanuinui

*584OPINION OP THE COURT BY

KOBAYASHI, J.

This is an appeal from an order of the circuit court granting defendant’s motion to dismiss.

On March 2,1965 plaintiff Jaime Y. Del Rosario filed a complaint alleging injuries suffered on March 1, 1963 due to defendant David Kohanuinui’s negligent operation of defendant Commercial Refuse Service’s vehicle. Defendants’ answer in part alleged that this claim was barred by the applicable two year statute of limitations.1 Defendants subsequently filed a motion to dismiss upon this ground.

At a hearing on this motion, testimony was given by plaintiff’s attorney…