APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 03-1-0017 (Hilo))
The opinion of the court was delivered by: Leonard, J.
(By: Leonard, J., for the court *fn1
IT IS HEREBY ORDERED that the Opinion of the Court, filed on March 30, 2012, is hereby corrected at page 1, in the case caption section, to reflect the names of substituted parties. The Opinion's caption shall now read as follows:
WILLIAM RONALD DOLAN, CPA, Special Administrator for the Estate of ROSALINDA ITURRALDE and MIGUEL FUNES ITURRALDE, aka MIKE I. FUNES, Successor Personal Representative for the Estate of ARTURO C. ITURRALDE, Plaintiffs-Appellants, Cross-Appellees,* v. HILO MEDICAL CENTER, a Hawaii Non-Profit Corporation, HAWAII HEALTH SYSTEMS CORPORATION, a Public Benefit Corporation, STATE OF HAWAII, Defendants-Appellees, Cross-Appellants and MEDTRONIC SOFAMOR DANEK, USA, a Tennessee Corporation Licensed to do Business in Hawaii, and ROBERT RICKETSON, M.D., Defendants-Appellees
IT IS HEREBY FURTHER ORDERED that, on the bottom of the page containing the caption, a footnote designated by an asterisk (rather than a number) shall appear as follows:
* Plaintiff-Appellant/Cross-Appellee Rosalinda Iturralde died during the pendency of this appeal and her successors-in-interest were substituted and named as parties. Notwithstanding the references in the text of this Opinion to Rosalinda Iturralde, in her individual capacity and/or as the personal representative of the Estate of Arturo Iturralde, the substituted parties, as reflected in the caption, are now the real-parties-in-interest.
The clerk of the court is directed to incorporate the foregoing changes in the original Opinion and take all necessary steps to notify the publishing agencies of this change.