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					LAW OFFICES OF IAN L. MATTOCH

IAN L. MATTOCH          898-0
I. SCOTT MATTOCH       7251-0
Suite 1835, Pacific Guardian Center
737 Bishop Street
Honolulu, Hawaii 96813
Telephone: 523-2451

Attorneys for Plaintiffs

              IN THE CIRCUIT COURT OF THE THIRD CIRCUIT

                           STATE OF HAWAII

KIMBERLY KIRKLAND-RUDDY and     )     CIVIL NO. _________________
JAMES WILLIAM KIRKLAND,         )     (Hilo)
                                )     (Other Non Vehicle Tort)
               Plaintiffs,      )
                                )     COMPLAINT; SUMMONS
     vs.                        )
                                )
MAUNA LANI RESORT, INC., a      )
Hawai`i corporation;            )
JOHN DOES 1-10; JANE DOES 1-10; )
DOE CORPORATIONS 1-10; DOE      )
PARTNERSHIPS 1-10; DOE NON-     )
PROFIT ENTITIES 1-10; DOE       )
GOVERNMENTAL ENTITIES 1-10,     )
                                )
               Defendants.      )
_______________________________ )


                              COMPLAINT
         Come now Plaintiffs, by and through their attorneys,

The Law Offices of Ian L. Mattoch, and hereby state their claims

for relief against the above-named Defendants as follows:

                                COUNT I

                  (Negligence - Premises Liability)

         1.    At all times relevant herein, KIMBERLY KIRKLAND-

RUDDY and JAMES WILLIAM KIRKLAND were residents of the City of

Kirkland, in King County, State of Washington.
         2.      At all times relevant herein, Defendant MAUNA LANI
RESORT, INC. (hereinafter “Defendant MAUNA LANI RESORT”) was and

is a domestic corporation, doing business in the County and State

of Hawai`i as MAUNA LANI RESORT (registered) and MAUNA LANI BAY

HOTEL & BUNGALOWS (unregistered).

          3.   At all times relevant herein, Defendant MAUNA LANI

RESORT, INC. was the owner and operator of the property located

at 68-1400 Mauna Lani Drive, Kohala Coast, HI    96743-9726

(hereinafter "subject premises").

          4.   All of the acts and occurrences alleged herein

took place in the County and State of Hawai`i.

          5.   Defendants JOHN DOES 1-10, JANE DOES 1-10, DOE

CORPORATIONS 1-10, DOE PARTNERSHIPS 1-10, DOE NON-PROFIT ENTITIES

1-10, and DOE GOVERNMENTAL ENTITIES 1-10 (hereinafter referred to

as "Doe Defendants") are persons, corporations, partnerships,

business entities, non-profit entities, and/or governmental

entities who acted in a negligent, wrongful or tortious manner

which proximately caused or contributed to injuries and damages

sustained by Plaintiff Kimberly Kirkland-Ruddy.    Plaintiffs have
been unable to ascertain the names and identities of the above-

named Doe Defendants from the investigation that has been

conducted to date.   Accordingly, Plaintiffs have sued the

unidentified Doe Defendants herein with fictitious names pursuant

to Rule 17(d) of the Hawaii Rules of Civil Procedure, and

Plaintiffs will substitute the true names, identities,

capacities, acts and/or omissions of the Doe Defendants when the

same are ascertained.
                                   2
                               -       -
         6.    At all times relevant herein, Defendant MAUNA LANI

RESORT, designed and maintained a tide pool located on the

subject premises (hereinafter “subject tide pool”).

         7.     At all times relevant herein, Defendant MAUNA LANI

RESORT, by and through their employees, agents, and/or

consultants, knowingly and intentionally, owned, attracted, fed,

maintained, and harbored a dangerous animal species – eels - in

the subject tide pool on the subject premises.

         8.     Defendants herein are vicariously liable for the

negligence of their employees and/or agents acting within the

course and scope of their employment under the doctrine of

respondeat superior.

         9.     On or about June 21, 2003, Plaintiff Kimberly

Kirkland-Ruddy, was viciously attacked and bitten by an eel at

the subject premises.

         10.    Defendant MAUNA LANI RESORT acted in a careless

and negligent fashion in that Defendant MAUNA LANI RESORT knew or

should have known of the dangerous condition on the subject
premises that caused the subject accident, and because Defendant

MAUNA LANI RESORT failed to take reasonable steps to eliminate

the unreasonable risk of harm or keep the premises in a safe

condition.

         11.    As a direct and proximate result of the negligence

of Defendants, Plaintiff Kimberly Kirkland-Ruddy suffered severe

and permanent injuries, has incurred medical and rehabilitative

expenses, and has suffered mental and emotional distress.
                                   3
                               -       -
                            COUNT II

                 (Negligence - Failure to Warn)

         12.   Plaintiffs reallege and incorporate by reference

all of the allegations contained in the preceding paragraphs as

though fully set forth herein.

         13.   Defendant MAUNA LANI RESORT negligently failed to

provide an adequate warning of the hazardous condition in the

subject tide pool on the subject premises despite Defendant MAUNA

LANI RESORT'S actual or constructive knowledge and/or notice of

said condition, thereby allowing an unreasonably dangerous

condition to exist on its premises.

         14.   As a direct and proximate result of said

negligence, Plaintiff Kimberley Kirkland-Ruddy sustained injuries

and damages as alleged herein.

                            COUNT III

                       (Strict Liability)

         15.   Plaintiffs reallege and incorporate by reference

all of the allegations contained in the preceding paragraphs as
though fully set forth herein.

         16.   Defendant MAUNA LANI RESORT owned, attracted, fed,

maintained, and/or harbored eels in the subject tide pool on its

premises, and the eel attacking Plaintiff Kimberly Kirkland-Ruddy

herein, and said eels are known by its species or nature to be

dangerous, wild, and/or vicious.

         17.   Defendant MAUNA LANI RESORT is strictly liable to

Plaintiff Kimberley Kirkland-Ruddy, pursuant to Haw. Rev. Stat. §
                                     4
                                 -       -
663-9, for injuries and damages as alleged herein, and sustained

as a result of the vicious attack and bite from the eel in the

subject tide pool on the subject premises.

                               COUNT IV

                         (Loss of Consortium)

         18.   Plaintiffs reallege and incorporate by reference

all of the allegations contained in the Complaint as though fully

set forth here.

         19.   Plaintiff James William Kirkland, as the husband

of Plaintiff Kimberly Kirkland-Ruddy, has suffered the loss of

love, affection, solace, comfort, companionship, society and

emotional support of Plaintiff Kimberly Kirkland-Ruddy that she

would have rendered him except for the extent of her injuries.

         20.   Plaintiff James William Kirkland alleges that his

damages as stated above are a direct and proximate result of the

acts of Defendants and/or their agents and/or employees.

                               COUNT V

                           (Doe Defendants)
         21.   Plaintiffs reallege and incorporate by reference

the allegations contained in paragraphs 1 through 8 of Count I of

Plaintiffs' Complaint as though fully set forth herein.

         22.   DOE DEFENDANTS are persons or entities whose

wrongful acts and/or omissions in some way proximately caused or

contributed to Plaintiffs' injuries and damages in ways presently

unknown to Plaintiffs.

         23.   DOE DEFENDANTS are vicariously liable for the
                                     5
                                 -       -
negligence of their agents and/or employees through the doctrine

of respondeat superior.

         WHEREFORE, Plaintiffs demand judgment against

Defendants, jointly and severally, for general and special

damages in amounts that will be proven at trial, and for their

costs, interest from the date of the incident, reasonable

attorneys' fees, and such other relief as the court deems just

and proper.   Plaintiffs contend that the amount of their damages

as alleged herein falls within the jurisdictional requirements of

this court.


         DATED: Honolulu, Hawaii, _________________________



                                           _________________________
                                           IAN L. MATTOCH
                                           I. SCOTT MATTOCH
                                           Attorneys for Plaintiffs




                                   6
                               -       -
           IN THE CIRCUIT COURT OF THE THIRD CIRCUIT

                         STATE OF HAWAII

KIMBERLY KIRKLAND-RUDDY and     )   CIVIL NO. _________________
JAMES WILLIAM KIRKLAND,         )   (Hilo)
                                )   (Other Non Vehicle Tort)
               Plaintiffs,      )
                                )   SUMMONS
     vs.                        )
                                )
MAUNA LANI RESORT, INC., a      )
Hawai`i corporation;            )
JOHN DOES 1-10; JANE DOES 1-10; )
DOE CORPORATIONS 1-10; DOE      )
PARTNERSHIPS 1-10; DOE NON-     )
PROFIT ENTITIES 1-10; DOE       )
GOVERNMENTAL ENTITIES 1-10,     )
                                )
               Defendants.      )
_______________________________ )


                              SUMMONS


STATE OF HAWAII

To the above-named Defendants:

         You are hereby summoned and required to serve upon THE

LAW OFFICES OF IAN L. MATTOCH, Plaintiffs' attorneys, whose

address is Pacific Guardian Center, 737 Bishop Street, Suite
1835, Honolulu, Hawai`i, an answer to the Complaint which is

herewith served upon you, within twenty (20) days after service

of this Summons upon you, exclusive of the day of service.    If

you fail to do so, judgment by default will be taken against you

for the relief demanded in the Complaint.

         This summons shall not be personally delivered between

10:00 p.m. and 6:00 a.m. on premises not open to the general

public, unless a judge of the above-entitled court permits, in
writing on this summons, personal delivery during those hours.
         A failure to obey this summons may result in an entry

of default and default judgment against the disobeying person or

party.

         DATED:   Hilo, Hawai`i, _______________________.



                              __________________________________
                              Clerk of the above-entitled court



In accordance with the Americans with Disabilities Act, and other
applicable state and federal laws, if you require a reasonable
accommodation for a disability, please contact the ADA
Coordinator at the Third Circuit Court Administration Office at
PHONE NO. 961-7440, FAX 961-7416, or TTY 961-7525, at least ten
(10) working days prior to your hearing or appointment date.




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