Thompson v. Kyo-Ya Co., Ltd.

146 P.3d 1049, 112 Haw. 472
CourtHawaii Supreme Court
DecidedNovember 20, 2006
Docket26040
StatusPublished
Cited by10 cases

This text of 146 P.3d 1049 (Thompson v. Kyo-Ya Co., Ltd.) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. Kyo-Ya Co., Ltd., 146 P.3d 1049, 112 Haw. 472 (haw 2006).

Opinions

Opinion of the Court by

LEVINSON, J.

The plaintiff-appellant Letizia Thompson appeals from the August 18, 2003 judgment of the circuit court of the second circuit, the Honorable Shackley F. Raffetto presiding, in favor of the defendant-appellee Kyo-Ya Company, Ltd. dba Sheraton-Maui Hotel (hereinafter, “the Sheraton”) and against Thompson.

On appeal, Thompson essentially argues that the circuit court erred in concluding that the Hawai'i Recreational Use Statute (HRUS), Hawai'i Revised Statutes (HRS) ch. 520 (1993 & Supp.1997), applied to her presence on the Sheraton’s grounds and thereby immunized the hotel from her negligence claims.

For the reasons discussed infra in section III, the Appellant’s arguments are unavailing. Accordingly, this court affirms the circuit court’s judgment.

I. BACKGROUND

A. Factual Background

The present matter arose out of an incident occurring on the island of Maui on September 26, 2000, when Thompson, a certified scuba instructor working as an independent contractor for Pacific Dive, a business located in Lahaina, led three students on a nighttime dive near the Sheraton at a location known as Black Rock.1 Neither she nor her students had any affiliation with the hotel as employees or guests, nor had they any plans to visit the hotel during the evening in question. The group entered the water north of the hotel and dove south around Black Rock, exiting the water on the beach in front of the Sheraton. Upon exiting the water, the group, still fully clad in their scuba equipment but carrying their masks, fins, and snorkels, used the hotel’s unlit beach-access path to return to their vehicles, which were parked in a lot on the hotel-grounds provided free of charge for members of the public using the beach.

In her answer to interrogatories, Thompson described what occurred next:

We were walking down the pathway to the parking garage when my foot dropped into a hole in the cement pathway. I fell with [474]*474full scuba gear on and my head hit the concrete. I remember the cracking sound of my skull. After that, I remember being unable to speak or move....

B. Procedural Background

On April 30, 2002, Thompson filed a complaint against the Sheraton and, on May 17, 2002, amended the complaint to allege premises liability negligence claims. On June 30, 2003, the Sheraton filed a motion for summary judgment, asserting that, as Thompson was not on the hotel’s property for any commercial purpose pertaining to the hotel, the HRUS immunized it from liability for her claims. In response, on July 21, 2003, Thompson filed a memorandum in opposition, arguing that the HRUS did not apply to her claims because she did not have a recreational purpose for being on the property but rather was on the land for vocational purposes as a scuba-diving instructor. Following a July 30, 2003 hearing, the circuit court granted the Sheraton’s motion for summary judgment, issuing the following oral conclusion of law (COL): “The [cjourt views this as coming under HRS [§] 520-4(b)[2] and finds that because whatever commercial interest there was here ... was related in no way to the landowner ... the statute applies.... ” On August 6, 2003, the circuit court issued a written order granting the Sheraton’s motion and, on August 18, 2003, issued its final judgment in favor of the Sheraton and against Thompson on all claims. On August 21, 2003, Thompson filed a timely notice of appeal with this court.

II. STANDARDS OF REVIEW

A. Conclusions Of Law

“ ‘A COL is not binding upon an appellate court and is freely reviewable for its correctness.’ ” AIG Hawaii Ins. Co. v. Estate of Caraang, 74 Haw. 620, 628, 851 P.2d 321, 326 (1993) (quoting Amfac, Inc. v. Waikiki Beachcomber Inv. Co., 74 Haw. 85,119, 839 P.2d 10, 28 (1992)). This court ordinarily reviews COLs under the right/ wrong standard. In re Estate of Holt, 75 Haw. 224, 232, 857 P.2d 1355, 1359 (1993). Thus, “ ‘[a] COL that is supported by the trial court’s [findings of fact] and that reflects an application of the correct rule of law will not be overturned.’ ” Estate of Caraang, 74 Haw. at 628-29, 851 P.2d at 326 (quoting Amfac, Inc., 74 Haw. at 119, 839 P.2d at 29). “However, a COL that presents mixed questions of fact and law is reviewed under the clearly erroneous standard because the court’s conclusions are dependent upon the facts and circumstances of each individual case.” Id. at 629, 851 P.2d at 326 (quoting Amfac, Inc., 74 Haw. at 119, 839 P.2d at 29) (internal quotation marks omitted).
State v. Furutani, 76 Hawai'i 172, [180], 873 P.2d 51, [59] (1994).

Allstate Ins. Co. v. Ponce, 105 Hawai'i 445, 453, 99 P.3d 96, 104 (2004). (Some brackets and internal citations omitted.) (Some bracketed material altered.)

B. Interpretation Of Statutes

The interpretation of a statute is a question of law reviewable de novo. State v. Arceo, 84 Hawai'i 1, 10, 928 P.2d 843, 852 (1996).

Furthermore, ... statutory construction is guided by established rules:
When construing a statute, our foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself. And we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.
[475]*475When there is doubt, doubleness of meaning, or indistinctiveness or uncertainty of an expression used in a statute, an ambiguity exists....
In construing an ambiguous statute, “[t]he meaning of the ambiguous words may be sought by examining the context, with which the ambiguous words, phrases, and sentences may be compared, in order to ascertain their true meaning.” HRS § 1-15(1) [(1993)]. Moreover, the courts may resort to extrinsic aids in determining legislative intent. One avenue is the use of legislative history as an interpretive tool.
Gray [v Admin. Dir. of the Court], 84 Hawai'i [138,] 148, 931 P.2d [580,] 590 [(1997)] (footnote omitted).

State v. Koch, 107 Hawai'i 215, 220, 112 P.3d 69, 74 (2005) (quoting State v. Kaua, 102 Hawai'i 1, 7-8, 72 P.3d 473, 479-80 (2003)). Nevertheless, absent an absurd or unjust result, see State v. Haugen,

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Thompson v. Kyo-Ya Co., Ltd.
146 P.3d 1049 (Hawaii Supreme Court, 2006)

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Bluebook (online)
146 P.3d 1049, 112 Haw. 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-kyo-ya-co-ltd-haw-2006.