Shimabuku v. Montgomery Elevator Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• permitting an interested party to intervene to move to set aside a settlement agreement
• “[U]nder the clear language of HRS § 386-8, an injured employee, who has previously received workers’ compensation benefits, may not dismiss a claim against a third-party tortfeasor without written consent of the employer.”
• a premature notice of appeal from the court’s announcement of a final and appealable order denying intervention was deemed timely upon court’s entry of that order
• a loss of consortium claim will be given legal effect only when fully and fairly determined by an impartial trier of fact or where the employer or insurer participated in the settlement negotiations
• “[B]ecause the employer’s right to reimbursement is often dependent on the injured employee’s actions, the legislature imposed a provision requiring the written consent of both employer and employee before any release or settlement is valid”

Source: CourtListener parenthetical corpus (CC0).