Kelley V. Kokua Sales And Supply

I would reverse the lower court ruling that appellees as a matter of law owed no duty to refrain from the allegedly negligent infliction of mental harm because I believe that in this case the plaintiffs' interest in mental tranquility was entitled to legal protection against the defendants' conduct. Such a result is required by our holding in Rodrigues v. State, 52 Haw. 156, 472 P.2d 509 (1970) (hereinafter cited as Rodrigues), wherein: "we recognize[d] that the interest in freedom from negligent infliction of serious mental distress is entitled to independent legal protection," and in which we held "that there is a duty to refrain from the negligent infliction of serious mental distress." Rodrigues at 174, 472 P.2d at 520.*fn1