Mehau V. Reed

Plaintiffs-appellants Larry Mehau, Hawaii Protective Association, Ltd. and Ma-Mon Productions, Inc.*fn1 (collectively, Mehau) appeal from an order denying their motion for judgment notwithstanding the verdict (JNOV) or, alternatively for a new trial, as to defendant-appellee City and County of Honolulu (City). Subsequent to a jury trial that resulted in a verdict in favor of the City and co-defendant Rick Reed, the trial court granted Mehau a new trial as to Reed, but refused to enter JNOV or grant a new trial as to the City. On appeal, Mehau claims that: (1) a Judge, rather than a jury, should have decided the question of liability under Hawaii Revised Statutes (HRS) § 92E-11(c) (1985) (unauthorized disclosure of personal records); and (2) the trial court's rulings regarding Reed and the City were inconsistent. We hold that the court properly submitted the liability question to the jury and that the court's rulings were consistent.  Therefore, we affirm.*fn2