· 6/30/1982
Hulsman v. Hemmeter Development Corp.
Citations
- 647 P.2d 713
- 65 Haw. 58
- 1982 Haw. LEXIS 187
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that section 922 does not create a duty on a seller of a firearm in a negligence action, nor does it create a private right of action
- holding, inter alia, that a probation officer, as a functionary of the court, was absolutely immune, pursuant to the doctrine of judicial immunity, from liability for negligence in the “preparation, investigationf,] and presentation of a pre-sentence report”
- convicted felon told state probation officer at interview felon had gun, probation officer does nothing, and felon later shoots plaintiff
- actionable claim cannot be based on statute imposing duty on seller of firearm not to sell to a person who is mentally ill
- neither the statute nor the legislative history of § 922 reveal an intent to create civil liability for injuries sustained in firearms misuse
- actionable claim cannot be based on statute imposing duty on seller of firearm not to sell to a person who is mentally ill
Source: CourtListener parenthetical corpus (CC0).
Judges: Richardson, Lum, Nakamura, Ogata, Menor, Temporarily
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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