Wiegand v. Colbert

OPINION OF THE COURT BY

PADGETT, J.

This is an appeal from a judgment for the plaintiffs entered after a jury verdict in a negligence action. We affirm in part and reverse in part.

The decedent, Kristen Marie Wiegand, age 10, was struck on September 6, 1979, while crossing Kailua Road, in or near a crosswalk, near the intersection of Aoloa Street in Kailua, Oahu, by a vehicle driven by the appellant. She died as a result of her injuries. On September 12, 1979, a casualty adjuster, Sandra J. Pennaz, employed by appellant’s insurer, Allstate Insurance Company, took a recorded statement of the…