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Birmingham V. Fodor''s Travel Publications Inc.

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eBook details

  • Title: Birmingham V. Fodor''s Travel Publications Inc.
  • Author : Hawaii Supreme Court
  • Release Date : January 20, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 78 KB

Description

The plaintiffs-appellants Joseph and Gail Birmingham (the Birminghams) appeal orders entered March 13, 1991, June 4, 1991, and June 10, 1991, granting summary judgment on their negligence claims in favor of the defendants-appellees Fodor's Travel Publications, Inc. (Fodor's), State of Hawaii (State), and County of Kauai (County). On the record before us, we answer the following question: Did Fodor's, the State and/or the County owe the Birminghams a duty to warn of ocean surf conditions?  For the reasons set forth in this opinion, we answer in the negative as to Fodor's and the State. As to the County, we find that there are genuine issues of material fact precluding summary judgment. Accordingly, we affirm the circuit court's orders as to Fodor's and the State, and reverse and remand as to the County.


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