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Cootey v.Sun Inv., Inc.,68 Haw.480(1986) <br /> 718 R2d 1086 <br /> employees in same manner and to same extent as <br /> 68 Haw.480 private individual under like circumstances.HRS <br /> Supreme Court of Hawai'i. §662-2. <br /> Patrick F. COOTEY and Yvonne 1 Cases that cite this headnote <br /> M.Cootey,Respondents-Appellants, <br /> V. [21 Municipal Corporations '- Nature and <br /> SUN INVESTMENT.INC.,Respondent-Appellee, grounds of liability <br /> and State Tort Liability Act did not create any cause <br /> COUNTY OF HAWAII.a municipal corporation, of action where none existed before; effect of <br /> Petitioner-Appellee,Third-Party Plaintiff-Appellee, Act is to waive immunity from traditionally <br /> V. recognized common-law causes of action in tort, <br /> JHK TANAKA,INC.,Respondent- other than those expressly excluded.HRS§662 <br /> Third-Party Defendant-Appellee. <br /> 1 et seq. <br /> No. 9168. <br /> 1 Cases that cite this headnote <br /> I <br /> May 15, 1986. 131 Counties Nature and grounds of liability <br /> Synopsis <br /> Without reasonable and proper limitation of Homeowners whose house and lot were flooded five times scope of duty of care owed by county,county ,would be confronted with unmanageable, <br /> in less than two years brought action for damages against unbearable,and totally unpredictable liability. <br /> developer, engineering firm,and county which granted final <br /> approval of subdivision. The Third Circuit Court, Hawaii 2 Cases that cite this headnote <br /> County, Ernest Kubota, J., sustained motions of developer <br /> and county for directed verdict, and homeowners appealed. <br /> The Intermediate Court of Appeals,690 P.2d 1324,reversed l41 Negligence ;; Necessity and Existence of <br /> Duty <br /> and remanded, and county petitioned for certiorari. The <br /> Supreme Court, Wakatsuki, J., held that county owed no "Duty" is not sacrosanct in itself, but only an <br /> duty to homeowners to ensure that development of adjoining expression of sum total of those considerations <br /> subdivision, approved by the county, would not create any of policy which lead the law to say that the <br /> risk of flooding of homeowners'property. particular plaintiff is entitled to protection. <br /> Reversed in part. <br /> 7 Cases that cite this headnote <br /> Procedural Posture(s): On Appeal;Motion for Judgment as 151 Counties Nature and grounds of liability <br /> a Matter of Law(JMOL)/Directed Verdict. In determining whether county owed duty to <br /> parties who suffered injury, task is to balance <br /> West Headnotes(14) policy considerations supporting recovery by <br /> injured party against those favoring limitation of <br /> county's liability. <br /> [ll Municipal Corporations = Application of <br /> principle of agency to municipalities 3 Cases that cite this headnote <br /> States Acts or Omissions of Officers, <br /> Agents,or Employees 161 Municipal Corporations Nature and <br /> Basic principle of governmental tort liability grounds of liability <br /> is that state and its political subdivisions shall <br /> be held accountable for torts of governmental <br /> WIESTLAW <br />