Winfrey v. GGP Ala Moana LLC.

Opinion of the Court by

McKENNA, J.

I. Introduction

Jasmine Rose Anne Fry (“Fry”) somehow accessed the rooftop of Ala Moana Center (“Center”), entered into and became trapped in an exhaust duet above the Makai Market Food Court (“Food Court”), then died from hyperthermia and respiratory compromise. Her parents, Heather R. Winfrey and Samuel J. Fry, Jr. (collectively, “Plaintiffs”), sued GGP Ala Moana LLC dba Ala Moana Center (“Ala Moana”). Before a trial date had been set, Ala Moana moved for summary judgment on the grounds that (1) it did not owe Fry a duty of care because she was a trespasser;…