In a recent unanimous opinion, Yamane v Pohlson, Case No. 27047 (June 27, 2006), the Hawaii Supreme Court reversed a lower court dismissal of a medical malpractice case. The case had been dismissed on the grounds that the claimants had only named the employer and had not named the individual doctor-employees who had committed the malpractice in their filing with the Medical Claims Conciliation Panel. (Under Hawaii law, filing a claim with the MCCP is generally a prerequisite to bringing a medmal claim in court). The Supreme Court held that filing the claims against the employer is sufficient under the doctrine of respondeat superior to meet the prerequisites for suit imposed by the MCCP. Note, however, that this ruling is limited in application and does not apply unless there is an actual employer-employee relationship between the responsible doctors and the employer pursued at the MCCP. Under some circumstances, however, this decision does avoid the need for a claimant to include all possible doctors by name in an MCCP proceeding.
Game Truck Georgia was recently hit with a $4.7 million judgment for injuries arising out of a game of "bubble soccer". But this was after they had pleaded with their insurer to settle those same claims for a pretrial offer of $1 million - which was within their policy limits. Their insurer, Atlantic Specialty Insurance, declined those offers and forced the case to trial. Now the attorneys for Game Truck Georgia are chasing their own insurance company for its bad faith refusal to settle - a refusal which led to the insolvency and desctruction of their business.
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Martindale Hubbell - AV rated lawyer - Best Rating Possible
Multi-Million Dollar Advocates Forum
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ATLA Top 100
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Million Dollar Advocates Forum
American Society of Legal Advocates - Top 100 - 2017
Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law
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Expertise - Best Car Accident Lawyers in Honolulu 2019
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