Hatsumi Yoshizaki v. Hilo Hospital

OPINION OF THE COURT BY

LEVINSON, J.

In the original decision in this case, 50 Haw. 1, 427 P.2d 845 (1967), this court affirmed the trial court’s grant of summary judgment to the defendant. We granted rehearing solely on the issue whether the plaintiff’s claim was barred by the statute of limitation, 50 Haw. 40, 429 P.2d 829 (1967), and now we reverse the trial court.

The only count of the plaintiff’s complaint with which we are presently concerned alleges that between June 27 and July 5, 1959 the defendant hospital, through one of its doctors, negligently diagnosed the plaintiff’s neck ailment…