KAHO'OHANOHANO v. DEPARTMENT OF HUMAN SERVICES, STATE OF HAWAII

No. 28324 (March 20, 2008)

Opinion [pdf]

OPINION OF THE COURT BY MOON, C.J.

Following a sixteen-day bench trial, defendants-appellants Department of Human Services (DHS) and State of Hawai'i (State) [hereinafter, collectively, DHS or the State] appeal from the Circuit Court of the Second Circuit's January 22, 2007 second amended judgment, entered in favor of plaintiff-appellees George Kaho'ohanohano (George), as next friend of his minor granddaughter, Dasia Marie Morales-Kaho'ohanohano (Minor), and Jarrett K. Kaho'ohanohano (Jarrett), individually as Minor's natural father, [hereinafter, collectively, the Kaho'ohanhanos] in this negligence action, awarding them $243,071.39 in special damages, $800,000.00 in general damages, and $77,369.80 in costs, for a total of $1,120,441.10.  Upon application by the Kaho'ohanohanos, the case was transferred to this court, pursuant to Hawai'i Revised Statutes (HRS) § 602-58(b)(1) (Supp. 2007) (governing transfer upon the ground that the case involves "question of first impression or a novel legal question"), on November 15, 2007.  Oral argument was held on February 21, 2008.

Briefly stated, two-and-a-half year old Minor suffered a fracture of the left femur on February 14, 2001 and life-threatening abdominal injuries two months later on April 16, 2001.  Both injuries allegedly occurred while Minor was in the care and physical custody of her natural mother, defendant Denise Morales (Denise), and Denise's then-boyfriend, defendant Daryl Ramos (Daryl).  Denise and Jarrett shared joint physical custody of Minor, who stayed with each parent on a rotating weekly basis.  Although the first injury was reported to DHS as a suspected child abuse case, DHS allowed Denise to continue her joint custody arrangement with Jarrett while DHS investigated the circumstances of Minor's injury.  DHS had yet to complete its investigation when the second injury occurred, which was determined to have resulted from child abuse.  Ultimately, Jarrett obtained sole legal and physical custody of Minor.

. . .

After a lengthy bench trial, the trial court found in favor of the Kaho'ohanohanos . . . The trial court also found DHS liable for damages resulting from the negligent infliction of emotional distress (NIED). 

. . . .

For the reasons more fully discussed infra, we affirm the trial court's January 22, 2007 second amended judgment.  [footnotes omitted]

Concurring opinion by Levinson, J. [pdf]; concurring opinion by Acoba, J. [pdf]