OPINION OF THE COURT BY
PADGETT, J.
This is an appeal from a summary judgment entered in favor of the City and County of Honolulu. Plaintiff-Appellant, the parent and administrator of the estate of Phillip Roy Crist, contends that there were genuine issues of material fact which made summary judgment improper. We agree and accordingly, reverse.
The facts as they appear on the record before us are as follows: On Januáry 11, 1977, at sometime after 5:00 p.m., 19-year-old [181] Phillip Roy Crist and his companion Michael Garvey, went hiking along Hahaione Valley Ridge. At approximately sunset, James Schrader (hereinafter “Schrader”), a resident of Mariner’s Ridge, saw what appeared to be a flashlight beam waving frantically near the top of Hahaione Ridge. Schrader observed the light for about ten minutes and noted that the light appeared to be especially frantic whenever aircraft passed over the ridge. Based on his experience as a former Coast Guard officer involved in search and rescue missions, Schrader concluded that someone was in trouble on top of the ridge and decided to call the police. At approximately 6:30 p.m., Police Officers John Souza (hereinafter “Souza”) and Peter Carlos (hereinafter “Carlos”) arrived at Schrader’s residence in response to his call. After the officers talked to Schrader, Carlos attempted, for about 20 minutes and from different vantage points, to locate the light on the ridge with binoculars, but was unsuccessful. During Carlos’ attempt, a military helicopter was seen in the area and there was some speculation between Schrader and the officers as to whether or not the helicopter or power lines in the area may have been the source of the light.
After failing to confirm any of Schrader’s sightings, both officers left Schrader’s residence at approximately 7:00 p.m. In Schrader’s deposition he said that immediately before leaving, one of the officers stated that “Well, maybe the power company is working up there or the military could be having some manuvers [sic] up there. We’ll check it out.” The officers did not, however, do so. Shortly thereafter, Souza called in to report that he was back on patrol and was making a written report of the incident. There is nothing to indicate that the officers called either the power company, the military or the fire department division in charge of rescues. Souza turned in his “Miscellaneous Cases” report at approximately 11:00 p.m. that night.
At approximately 8:30 p.m., appellant became worried about her son and contacted the parents of Michael Garvey to inquire as to the whereabouts of the boys. After some discussion, the police were contacted by the Garveys at about 9:30 p.m. and an “All Points Bulletin” with respect to Michael’s car was issued. At approximately 11:00 p.m., Michael’s car was found by Officer Russel Miyata at the end of Hahaione Valley Road. Officer Miyata then [182] informed Police Sergeant Ralph Yamasaki (hereinafter “Yamasaki”) that the car had been located and subsequently met Yamasaki at the Fochtman’s residence. After some discussion, the officers decided to return to the location of the car and attempted to make verbal contact with the boys by yelling into the valley. When the attempt proved unsuccessful, the officers returned to the Fochtman’s residence where Yamasaki called Battalion Chief Clarence Anderson of the Honolulu Fire Department to inquire about a night rescue.
After relating to Anderson the fact that there was a report on two missing hikers and that their car had been found, Anderson stated that they would not attempt a night rescue without additional information pinpointing the location of the hikers. Anderson stated that any rescue attempt would begin at daybreak. After Yamasaki relayed this information to the Garvey’s and appellant, it appears Anderson then called Merlin Watson, captain in charge of Rescue 1, Honolulu Fire Department. Watson stated that at 12:45 a.m., he received a call from Anderson in which the plausibility of attempting a night rescue of the missing hikers was discussed. Anderson did not mention that Michael’s car had been found, and Watson stated that based on hazardous terrain and the sparse information provided with respect to the location of the hikers, a night rescue should not be attempted.
The rescue attempt began several hours later at daybreak. Two bodies were spotted by helicopter at about 10:00 a.m. and the rescue team was directed to the area. Upon reaching the bodies, the rescue team discovered that both boys were dead as a result of a fall from the top of the ridge. The bodies were brought out of the valley and identified at about 2:30 p.m. With respect to Phillip Roy Crist, the office of the medical examiner stated the time, date, and cause of death as 2:30 p.m., January 12,1977, cerebral hemorrhage.
The following day, Schrader heard that two hikers had been found dead in Hahaione Valley. Schrader and the Fochtmans eventually contacted each other and appellant’s complaint against the officers and agents of the City and County was filed on September 9, 1977.
We begin our discussion of this case by once again stating the well settled rule that summary judgment is to be granted only where there is no genuine issue as to any material fact and the [183] moving party is entitled to judgment as a matter of law. Pickering v. State, 57 Haw. 405, 407, 557 P.2d 125, 127 (1976). In considering whether an issue of material fact exists, “the inferences to be drawn from the underlying facts alleged in the materials (such as depositions, answers to interrogatories, admissions and affidavits) .. . must be viewed in. the light most favorable to the party opposing the motion.” Technicolor v. Traeger, 57 Haw. 113, 551 P.2d 163 (1976); Ottensmeyer v. Baskin, 2 Haw. App. 86, 625 P.2d 1069 (1981).
On an examination of the record before us, it is apparent that there are genuine issues of material fact raised with respect to whether or not the actions of Officers Souza and Carlos worsened the situation of appellant’s decedent by preventing Schrader from taking further steps to render aid and assistance.
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OPINION OF THE COURT BY
PADGETT, J.
This is an appeal from a summary judgment entered in favor of the City and County of Honolulu. Plaintiff-Appellant, the parent and administrator of the estate of Phillip Roy Crist, contends that there were genuine issues of material fact which made summary judgment improper. We agree and accordingly, reverse.
The facts as they appear on the record before us are as follows: On Januáry 11, 1977, at sometime after 5:00 p.m., 19-year-old [181] Phillip Roy Crist and his companion Michael Garvey, went hiking along Hahaione Valley Ridge. At approximately sunset, James Schrader (hereinafter “Schrader”), a resident of Mariner’s Ridge, saw what appeared to be a flashlight beam waving frantically near the top of Hahaione Ridge. Schrader observed the light for about ten minutes and noted that the light appeared to be especially frantic whenever aircraft passed over the ridge. Based on his experience as a former Coast Guard officer involved in search and rescue missions, Schrader concluded that someone was in trouble on top of the ridge and decided to call the police. At approximately 6:30 p.m., Police Officers John Souza (hereinafter “Souza”) and Peter Carlos (hereinafter “Carlos”) arrived at Schrader’s residence in response to his call. After the officers talked to Schrader, Carlos attempted, for about 20 minutes and from different vantage points, to locate the light on the ridge with binoculars, but was unsuccessful. During Carlos’ attempt, a military helicopter was seen in the area and there was some speculation between Schrader and the officers as to whether or not the helicopter or power lines in the area may have been the source of the light.
After failing to confirm any of Schrader’s sightings, both officers left Schrader’s residence at approximately 7:00 p.m. In Schrader’s deposition he said that immediately before leaving, one of the officers stated that “Well, maybe the power company is working up there or the military could be having some manuvers [sic] up there. We’ll check it out.” The officers did not, however, do so. Shortly thereafter, Souza called in to report that he was back on patrol and was making a written report of the incident. There is nothing to indicate that the officers called either the power company, the military or the fire department division in charge of rescues. Souza turned in his “Miscellaneous Cases” report at approximately 11:00 p.m. that night.
At approximately 8:30 p.m., appellant became worried about her son and contacted the parents of Michael Garvey to inquire as to the whereabouts of the boys. After some discussion, the police were contacted by the Garveys at about 9:30 p.m. and an “All Points Bulletin” with respect to Michael’s car was issued. At approximately 11:00 p.m., Michael’s car was found by Officer Russel Miyata at the end of Hahaione Valley Road. Officer Miyata then [182] informed Police Sergeant Ralph Yamasaki (hereinafter “Yamasaki”) that the car had been located and subsequently met Yamasaki at the Fochtman’s residence. After some discussion, the officers decided to return to the location of the car and attempted to make verbal contact with the boys by yelling into the valley. When the attempt proved unsuccessful, the officers returned to the Fochtman’s residence where Yamasaki called Battalion Chief Clarence Anderson of the Honolulu Fire Department to inquire about a night rescue.
After relating to Anderson the fact that there was a report on two missing hikers and that their car had been found, Anderson stated that they would not attempt a night rescue without additional information pinpointing the location of the hikers. Anderson stated that any rescue attempt would begin at daybreak. After Yamasaki relayed this information to the Garvey’s and appellant, it appears Anderson then called Merlin Watson, captain in charge of Rescue 1, Honolulu Fire Department. Watson stated that at 12:45 a.m., he received a call from Anderson in which the plausibility of attempting a night rescue of the missing hikers was discussed. Anderson did not mention that Michael’s car had been found, and Watson stated that based on hazardous terrain and the sparse information provided with respect to the location of the hikers, a night rescue should not be attempted.
The rescue attempt began several hours later at daybreak. Two bodies were spotted by helicopter at about 10:00 a.m. and the rescue team was directed to the area. Upon reaching the bodies, the rescue team discovered that both boys were dead as a result of a fall from the top of the ridge. The bodies were brought out of the valley and identified at about 2:30 p.m. With respect to Phillip Roy Crist, the office of the medical examiner stated the time, date, and cause of death as 2:30 p.m., January 12,1977, cerebral hemorrhage.
The following day, Schrader heard that two hikers had been found dead in Hahaione Valley. Schrader and the Fochtmans eventually contacted each other and appellant’s complaint against the officers and agents of the City and County was filed on September 9, 1977.
We begin our discussion of this case by once again stating the well settled rule that summary judgment is to be granted only where there is no genuine issue as to any material fact and the [183] moving party is entitled to judgment as a matter of law. Pickering v. State, 57 Haw. 405, 407, 557 P.2d 125, 127 (1976). In considering whether an issue of material fact exists, “the inferences to be drawn from the underlying facts alleged in the materials (such as depositions, answers to interrogatories, admissions and affidavits) .. . must be viewed in. the light most favorable to the party opposing the motion.” Technicolor v. Traeger, 57 Haw. 113, 551 P.2d 163 (1976); Ottensmeyer v. Baskin, 2 Haw. App. 86, 625 P.2d 1069 (1981).
On an examination of the record before us, it is apparent that there are genuine issues of material fact raised with respect to whether or not the actions of Officers Souza and Carlos worsened the situation of appellant’s decedent by preventing Schrader from taking further steps to render aid and assistance.
In Freitas v. City and County, 58 Haw. 587, 574 P.2d 529 (1978), we stated that the official duty imposed upon the police is largely one to preserve the peace and enforce the laws. In the absence of circumstances creating a duty owed by police officers or the municipalities to take some affirmative action for the protection of the appellant, “failure of police to provide protection is ordinarily not actionable.” Id., 58 Haw. at 590, 574 P.2d at 532. In Namauu v. City and County of Honolulu, 62 Haw. 358, 614 P.2d 943 (1980), we held that a statute providing that “police shall assist in returning a patient to a facility if he is absent therefrom” did not impose tort liability on police and municipalities under a theory of respondeat superior for failure to apprehend and return an escaped patient to the state mental hospital. The present case, however, is distinguishable from both Freitas, supra, and Namauu, supra, in that the duty at issue is the duty to avoid any affirmative acts which worsen the situation of the plaintiff. As Prosser states:
If there is no duty to come to the assistance of a person in difficulty or peril, there is at least a duty to avoid any affirmative acts which makes his situation worse.
Prosser, HANDBOOK OF THE LAW OF TORTS, § 56 (4th Ed. 1971).
In the instant case, a number of depositions were taken and it is apparent from an examination of the whole record that a trier of fact could have concluded that the actions of Souza and Carlos were affirmative acts which worsened the situation of appellant’s [184] decedent. In his deposition, Schrader testified as follows:
Q. When they [the officers] left were you satisfied that they would check into it?
A. Yes. As I say, I really felt that it would be taken care of. And this is why I was so shocked when I found out that they — the boys were dead, and then especially when I found out that nothing was really done. The reports were never put together and that type of thing. I was very unhappy, really unhappy about it.
Schrader also stated that upon discovering that the two boys were dead, he became extremely upset at himself. When he was queried as to the reason, Schrader responded by stating:
A. Well, I should have pushed more — I really should have — to at least got in my car and driven down to the Haaione Valley and looked around down there and see what was happening. And I called KCCN Radio to tell them that I had called the night before on that and they weren’t interested in the story at all.
Q. Why did you call KCCN Radio?
A. Well, that’s where I heard — I was listening to their station when I heard the news thing and I was really upset something hadn’t been done.
In his deposition, Captain Merlin Watson was queried as to what his reaction would have been if he had known that there were distress lights in the area a few hours earlier. Watson responded by stating that:
A. I think I’d roll out, yes, if the individual was to — we were in contact with the plaintiff, whoever’s complaining about those lights. If he could pinpoint the area where he last seen the lights, then by all means we’d probably start our hike that night. In light of the facts and testimony summarized above, we hold
that there is a genuine issue of material fact as to whether or not the actions of the police actually worsened the situation of appellant’s decedent by preventing Schrader from taking further steps to render aid and assistance. A trier of fact could have concluded that but for the actions of Souza and Carlos, Schrader would have done more to rescue appellant’s decedent. The ground we base our decision on is a very narrow one and should not be construed to impose an additional duty upon the police to affirmatively pursue and [185] follow-up every single call of distress. When the evidence has been more fully developed, a trier of facts may very well come to the conclusion that there was no duty placed upon the officers to do anything more. However, given the inferences which can be drawn from the record presented to us, it is apparent that there are questions which should be presented to a trier of fact, and cannot be disposed of summarily.
Jerry I. Wilson (Wilson £sf Berman of counsel) for appellant.
Patrick Border (Edmund L. Lee, Jr. on the brief), Deputy Corporation Counsel, for appellees.
Reversed and remanded.