Practice Assignment 3 p. 242
Darcy v. Lolohea, 886 P.2d 756 (Hawai’i App. 1994)
Facts: A civil complaint was filed on December 10, 1991, requesting damages
for personal injuries suffered by the plaintiff Edward Darcy and derivative
injuries suffered by plaintiff Sharon Darcy as a result of an automobile
accident involving the defendants. Darcy did not notify the Program that the
case surpassed the Program’s jurisdictional amount and was submitted to
the program pursuant to HAR Rule 8(A). After a hearing, a decision was made
in favor of plaintiffs Edward and awarded $5,000 in special damages and
$15,000 in general damages. A copy of the awards was provided to the
Defendant’s attorney on October 19, 1992. Because Defendant Lolohea did
not file an appeal or request a Trial De Novo the award given to the plaintiff
was finalized and non-appealable. The Defendant Lolohea argued that the
Plaintiff Darcy did not have the grounds for lawsuit because his reasonable
and necessary damages did not exceed the threshold $7,000 stated in the
Hawai‘i Administrative Rules (1990). The circuit court responded by saying
they lack the jurisdiction to consider the decision due to the judgement being
unappealable. The court held that the arbitrator has authority to amend an
award, consistent with HAR Rule 20 (C). Then the Defendants responded
saying the rules lack the capacity to be dismissed for not adhering to the
medical-rehabilitative limit and the case lacked the evidence to base a
judgment. Defendant Lolohea’s appeal was dismissed because the court
lacks jurisdiction, and their appeal to the circuit court was dismissed because
the court could not review the arbitration award.
Issue: Whether an award which has become a final judgment under the
Program’s HAR Rule, may be challenged in the circuit court or in the
appellate courts.
Procedural History: A civil complaint was filed on December 10, 1991,
requesting damages. The court added an arbitration award in a personal
injury case. A copy of the awards was provided to the Defendant’s attorney
on October 19, 1992. The defendants moved to alter the judgment. The First
Circuit Cort denied the motion, and the defendants appealed. The
Intermediate Court of Appeals, Acaba J. held that the arbitration award could
not be moved by the Circuit Court or appealed by the Appellant Court.
Darcy v. Lolohea, 886 P.2d 756 (Hawai’i App. 1994)
Facts: A civil complaint was filed on December 10, 1991, requesting damages
for personal injuries suffered by the plaintiff Edward Darcy and derivative
injuries suffered by plaintiff Sharon Darcy as a result of an automobile
accident involving the defendants. Darcy did not notify the Program that the
case surpassed the Program’s jurisdictional amount and was submitted to
the program pursuant to HAR Rule 8(A). After a hearing, a decision was made
in favor of plaintiffs Edward and awarded $5,000 in special damages and
$15,000 in general damages. A copy of the awards was provided to the
Defendant’s attorney on October 19, 1992. Because Defendant Lolohea did
not file an appeal or request a Trial De Novo the award given to the plaintiff
was finalized and non-appealable. The Defendant Lolohea argued that the
Plaintiff Darcy did not have the grounds for lawsuit because his reasonable
and necessary damages did not exceed the threshold $7,000 stated in the
Hawai‘i Administrative Rules (1990). The circuit court responded by saying
they lack the jurisdiction to consider the decision due to the judgement being
unappealable. The court held that the arbitrator has authority to amend an
award, consistent with HAR Rule 20 (C). Then the Defendants responded
saying the rules lack the capacity to be dismissed for not adhering to the
medical-rehabilitative limit and the case lacked the evidence to base a
judgment. Defendant Lolohea’s appeal was dismissed because the court
lacks jurisdiction, and their appeal to the circuit court was dismissed because
the court could not review the arbitration award.
Issue: Whether an award which has become a final judgment under the
Program’s HAR Rule, may be challenged in the circuit court or in the
appellate courts.
Procedural History: A civil complaint was filed on December 10, 1991,
requesting damages. The court added an arbitration award in a personal
injury case. A copy of the awards was provided to the Defendant’s attorney
on October 19, 1992. The defendants moved to alter the judgment. The First
Circuit Cort denied the motion, and the defendants appealed. The
Intermediate Court of Appeals, Acaba J. held that the arbitration award could
not be moved by the Circuit Court or appealed by the Appellant Court.
