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Kelley V. Kokua Sales And Supply

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eBook details

  • Title: Kelley V. Kokua Sales And Supply
  • Author : Hawaii Supreme Court
  • Release Date : January 07, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

I would reverse the lower court ruling that appellees as a matter of law owed no duty to refrain from the allegedly negligent infliction of mental harm because I believe that in this case the plaintiffs' interest in mental tranquility was entitled to legal protection against the defendants' conduct. Such a result is required by our holding in Rodrigues v. State, 52 Haw. 156, 472 P.2d 509 (1970) (hereinafter cited as Rodrigues), wherein: "we recognize[d] that the interest in freedom from negligent infliction of serious mental distress is entitled to independent legal protection," and in which we held "that there is a duty to refrain from the negligent infliction of serious mental distress." Rodrigues at 174, 472 P.2d at 520.*fn1


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