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arrived at 21:57:19 hours, a third unit arrived at 21:59:27 hours, a medical unit arrived at <br /> 21:59:28 hours, a tanker arrived at 22:09 hours and an investigator arrived at 23:18 hours. <br /> The evidence further establishes that when the fire units arrived at 21:48 hours, the <br /> residence, including vehicles at the scene, were fully engulfed in flames. At 22:00:54 <br /> hours, the fire was under control and at 22:05:12 hours, the fire was extinguished. No evidence <br /> exists that any member of the Hawaii Fire Department did other than their duty. They <br /> responded to the call within reasonable times, assessed the fire scene to determine the proper <br /> course of action, stopped the fire from spreading to adjacent homes and property and <br /> extinguished the fire within 12 minutes of their arrival at the scene of the fire. They did all this <br /> with knowledge that the location was a potential hazardous waste site which placed the fire <br /> personnel in harms way. <br /> I11. CONCLUSION <br /> Not only is there no evidence to establish that the Hawaii Fire Department did not act <br /> reasonably with respect to the extinguishment of the fire, there is no evidence that Plaintiff <br /> suffered any damage since he has no ownership interest in the property. <br /> Damage is one of the elements for a cause of action in negligence and the absence of any <br /> damage defeats the cause of action against the County. As such the County's Motion for <br /> Summary Judgment must be granted. <br /> Dated: Hilo, Hawaii, March 17, 2008. <br /> Respec fully Subm' to <br /> MICHAEL J. UD VIC <br /> Deputy Corporation Counsel <br /> Attorney for Defendant County of Hawaii <br /> 9 <br />