Freitas v. City and County of Honolulu

OPINION OF THE COURT BY

KIDWELL, J.

In this action, three brothers seek to recover damages from the City and County of Honolulu (City) and two police officers for injuries suffered from the shooting of the plaintiffs by a fourth brother. The plaintiffs appealed from summary judgment awarded to the defendants. We affirm.

The trial court had before it memoranda filed by plaintiffs and defendants setting forth substantially similar versions of the facts of the case. Although not presented in affidavits, the concurrence of the parties on the facts stated in the opposing memoranda brought these facts…