The Hawaii Intermediate Court of Appeals recently vacated a summary judgment in a personal injury lawsuit involving Dean Wesley Powell and several defendants, including Century Square and Hawaiiana Management Company. This decision allows Powell to continue pursuing his claims after challenging the evidence presented against him.

The case, Powell v. Century Square/Owner/Management (CAAP-24-0000846), revolves around an incident that occurred on January 4, 2022, when Powell tripped and fell on broken tiles outside the Century Square building in Honolulu. The ruling is significant as it highlights the importance of evidence in personal injury cases and the rights of individuals to contest decisions made in lower courts.

Background

Dean Wesley Powell, the plaintiff, filed his complaint on January 2, 2024, alleging that he sustained injuries due to a fall caused by broken tiles in front of the Century Square building. The defendants in this case include AOAO Century Square, Hawaiiana Management Company, the Roman Catholic Church in Hawaii, First Insurance Company of Hawaii, and the State of Hawaii.

Powell's complaint claims that the defendants were negligent in maintaining the property, leading to his injuries. Following the filing of the complaint, First Insurance Company of Hawaii moved to dismiss the case against it, which was granted. Subsequently, AOAO, Hawaiiana, and the Roman Catholic Church filed a motion for summary judgment, arguing that video evidence showed there were no broken tiles at the time of the incident.

The Ruling

The court ruled in favor of the defendants, granting their motion for summary judgment on October 17, 2024. The ruling was based on video surveillance footage that allegedly showed Powell falling without tripping over any broken tiles. The Circuit Court stated, "[Powell] has not presented any evidence to refute [the Moving Defendants'] presentation," suggesting that Powell's claims lacked sufficient support.

However, Powell appealed, arguing that the court erred in dismissing his claims without properly considering his evidence, including his own photographs of the damaged tiles. The Intermediate Court of Appeals reviewed the case and found that Powell's declaration and supporting evidence raised genuine issues of material fact regarding the condition of the tiles and whether they contributed to his fall.

Impact

This ruling is significant for several reasons. It emphasizes the importance of allowing plaintiffs to present their evidence in personal injury cases. The court noted that Powell's statements about the broken tiles contradicted the defendants' assertions, creating a genuine issue of material fact that should be resolved in court.

The decision also highlights the standards for granting summary judgment. The court clarified that summary judgment should only be granted when there is no genuine issue of material fact. This ruling may encourage other plaintiffs to challenge summary judgments in similar cases, reinforcing their right to have their claims heard.

What's Next

The case has been remanded to the Circuit Court for further proceedings consistent with the Intermediate Court's ruling. Powell may now continue to pursue his claims against the defendants. It remains unclear whether the defendants will seek further appeals or if there are related cases pending.