Kaczmarczyk v. City and County of Honolulu

This is an appeal from summary judgments in a wrongful death action entered by the trial court in favor of the defendants. Plaintiffs-appellants are the parents and the temporary administrator of the estate of Tom Kaczmarczyk, deceased (hereinafter “plaintiffs”). Defendants-appellees are the City and County of Honolulu (hereinafter “City”) and the State of Hawaii (hereinafter “State”).

On December 4, 1974, Tom Kaczmarczyk arrived in Hawaii from the mainland for a vacation. Three days later, on December 7, he and a friend, Lee McCarthy, started on a bus trip around the island. At or near Ehukai…