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Ray v. Kapiolani Med. Specialists

Ray v. Kapiolani Med. Specialists

Intermediate Court of Appeals of Hawai'i

October 23, 2014, Decided; October 23, 2014, Electronically Filed

NOS. CAAP-13-0001306, CAAP-13-0003437, and CAAP-13-0003840

Opinion

SUMMARY DISPOSITION ORDER

This appeal arises from a medical malpractice lawsuit first filed in 2003 involving Plaintiffs/Appellees Alyssa Ray, Michael Ray, and Debbie Ray (collectively, the Rays) and Defendant/Appellee Kapiolani Medical Specialists (KMS). Non-Party Insurer/Appellant American International Group, Inc. (AIG) has filed three separate notices of appeal in Case Nos. CAAP-13-0001306, CAAP-13-0003437, and CAAP-13-0003840 (AIG Appeals). The AIG Appeals were consolidated under CAAP-13-0003840 by order of this court filed November 19, 2013.

In CAAP-13-0003840, AIG appeals from the October 2, 2013 "Supplemental Order Determining Sanctions Amounts, for May 6, 2013 Findings of Fact, Conclusions of Law and Order Imposing Sanctions on Defendant's Insurer, AIG, Inc. Under RCCH Rule 12.1" entered in the Circuit Court of the First Circuit1 (circuit court).

In CAAP-13-0003437, [*2]  AIG appeals from the circuit court's August 26, 2013 "Order Denying AIG's Motion for Reconsideration of May 6, 2013 Order Imposing Sanctions on Defendant's Insurer, AIG, Inc., Under RCCH Rule 12.1 from Order to Show Cause Hearing Held February 1, 2013 (filed June 5, 2013)," filed under seal (Order Denying Reconsideration).

In CAAP-13-0001306, AIG appeals from the circuit court's May 6, 2013 "Findings of Fact, Conclusions of Law and Order Imposing Sanctions on Defendant's Insurer, AIG, Inc., Under RCCH Rule 12.1 from Order to Show Cause Hearing Held February 1, 2013 (Filed under Seal)" (FOFs/COLs/Order).

AIG contends the circuit court erred by:

(1) entering its May 6, 2013 FOFs/COLs/Order and its August 26, 2013 Order Denying Reconsideration;

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2014 Haw. App. LEXIS 495 *; 134 Haw. 133; 337 P.3d 54

MICHAEL RAY, INDIVIDUALLY AND AS NEXT FRIEND FOR ALYSSA RAY, A MINOR, AND DEBBIE RAY, Plaintiffs/Appellees, v. KAPIOLANI MEDICAL SPECIALISTS, KAPIOLANI MEDICAL CENTER FOR WOMEN AND CHILDREN, Defendants/Appellees;AMERICAN INTERNATIONAL GROUP, INC., Non-Party/Appellant and DOES 1-20, Defendants

Notice: PUBLISHED IN TABLE FORMAT IN THE HAWAII REPORTER.

PUBLISHED IN TABLE FORMAT IN THE PACIFIC REPORTER.

Prior History:  [*1] APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT. (CIVIL NO. 06-1-1150).

Ray v. Kapiolani Med. Specialists, 125 Haw. 253, 259 P.3d 569, 2011 Haw. LEXIS 158 (Haw., 2011)

CORE TERMS

circuit court, settlement, settlement conference, negotiations, imposition of sanctions, sanctions, full settlement, contends, declarations, appeals, notice

Governments, Courts, Authority to Adjudicate, Civil Procedure, Dismissal, Involuntary Dismissals, General Overview