Hearing scheduled in Bernadine Kuahiwinui and Kenneth Kaupu v. Zelo's Inc., et al.
The Hawaii Supreme Court will hear the case of Bernadine Kuahiwinui and Kenneth Kaupu v. Zelo's Inc., Tahiti Nui Enterprises, Inc., and John Does 1-10, et al. at 8:45 a.m. Thursday, July 19.
Zelo's Inc., doing business as Sushi & Blues, argues that it does not bear the burden to prove the complicity defense and should be given a formulation different than that given by the Intermediate Court of Appeals.
The original case revolved around a Dram Shop action for negligence brought by the estate and parents of a 19-year-old who suffered fatal injuries in an automobile accident on Kauai as a passenger in a vehicle operated by a driver who was allegedly overserved at the restaurant.
Hawaii Supreme Court case number SCWC-13-0001803