Fink v. Kasler Corp.

OPINION OF THE COURT BY

TANAKA, J.

This is a negligence action arising from a two-car accident. Plaintiff-appellant Arthur Fink (A. Fink) and fourth-party defendant-appellant John Fink (J. Fink) appeal from a judgment dismissing the complaint and finding J. Fink liable for the damages to third-party defendant-appellee Hachiro Funayama (Funayama). Defendant-third party plaintiff-appellee Kasler Corporation (Kasler) was deemed free of liability.

The only issue we need to decide on appeal is whether, as a road construction contractor for the State of Hawaii (State), Kasler owed to the traveling…